■ 


UnlYersity  ol  the  State  oi  Hew  York  Bulletin 

Entered  as  second-class  matter  August  2,  1913,  at  the  Post  Office  at  Albany,  N.  Y., 
under  the  act  of  August  24,  1912 

Published  fortnightly 


No.  690  ALBANY,  N.  Y.  July  15,  1919 


EDUCATION  LAW 


AS  AMENDED  TO  JULY  1,  1919 


Constitutional  provisions 1 

Education  law 2 

Index 305 


Wa&r-Ag*  -3000 


ALBANY 

THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 
1919 


) 


\ 

THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Regents  of  the  University 
With  years  when  terms  expire 
(Revised  to  September  i,  1919) 

1926  Pliny  T.  Sexton  LL.B.  LL.D.  Chancellor  - - Palmyra 

1927  Albert  Vander  Veer  M.D.  M.A.  Ph.D.  LL.D. 

Vice  Chancellor  Albany 

1922  Chester  S.  Lord  M.A.  LL.D.  -----  Brooklyn 

1930  William  Nottingham  M.A.  Ph.D.  LL.D.  - - Syracuse 

1923  Abram  I.  Elkus  LL.B.  LL.D.  D.C.L.  - - - New  York 

1924  Adelbert  Moot  LL.D. Buffalo 

1925  Charles  B.  Alexander  M.A.  LL.B.  LL.D. 

Litt.D.  - -----  Tuxedo 

1928  Walter  Guest  Kellogg  B.A.  LL.D.  - - - Ogdensburg 

1920  James  Byrne  B.A.  LL.B.  LL.D. New  York 

1929  Herbert  L.  Bridgman  M.A.  - Brooklyn 

1931  Thomas  J.  Mangan  M.A.  -------  Binghamton 


President  of  the  University  and  Commissioner  of  Education 

John  H.  Finley  M.A.  LL.D.  L.H.D. 

Deputy  Commissioner  and  Counsel 

Frank  B.  Gilbert  B.A. 

Assistant  Commissioner  and  Director  of  Professional  Education 

Augustus  S.  Downing  M.A.  L.H.D.  LL.D. 


Assistant  Commissioner  for  Secondary  Education 

Charles  F.  Wheelock  B.S.  LL.D. 

Acting  Assistant  Commissioner  for  Elementary  Educat 

George  M.  Wiley  M.A. 

Director  of  State  Library 

James  I.  Wyer,  Jr,  M.L.S.  Pd.D. 

Director  of  Science  and  State  Museum 

John  M.  Clarke  D.Sc.  LL.D. 

Chiefs  and  Directors  of  Divisions 

Administration,  Hiram  C.  Case 
Agricultural  and  Industrial  Education,  Lewis  A.  Wilson 
Archives  and  History,  James  Sullivan  M.A.  Ph.D. 
Attendance,  James  D.  Sullivan 
Educational  Extension,  William  R.  Watson  B.S. 
Examinations  and  Inspections,  George  M.  Wiley  M.A. 
.Law,  Frank  B.  Gilbert  B.A.,  Counsel 
Library  School,  Frank  K.  Walter  M.A.  M.L.S. 

School  Buildings  and  Grounds,  Frank  H.  Wood  M.A. 
School  Libraries,  Sherman  Williams  Pd.D. 

Visual  Instruction,  Alfred  W.  Abrams  Ph.B. 


University  oi  the  State  of  Hew  York  Bulletin 

Entered  as  second-class  matter  at  the  Post  Office  at  Albany,  N.  Y.,  under  the  act  of 

August  24,  1912 

Published  fortnightly 


No.  690 


ALBANY,  N.  Y.  July  15,  1919 


EDUCATION  LAW 

AS  AMENDED  TO  JULY  1,  1919 

CONSTITUTIONAL  PROVISIONS  RELATING 
TO  EDUCATION 

Constitution , art.  9 

§ 1 Common  schools.  The  Legislature  shall  provide  for 
the  maintenance  and  support  of  a system  of  free  common  schools, 
wherein  all  the  children  of  this  State  may  be  educated. 

§ 2 Higher  education.  The  corporation  created  in  the 
year  1784,  under  the  name  of  the  Regents  of  The  University  of  the 
State  of  New  York,  is  hereby  continued  under  the  name  of  the 
University  of  the  State  of  New  York.  It  shall  he  governed  and  its 
corporate  powers,  which  may  be  increased,  modified  or  diminished 
by  the  Legislature,  shall  be  exercised,  by  not  less  than  nine  Regents. 

§ 3 Educational  funds.  The  capital  of  the  common  school 
fund,  the  capital  of  the  literature  fund,  and  the  capital  of  the 
United  States  deposit  fund,  shall  be  respectively  preserved  invio- 
late. The  revenue  of  the  said  common  school  fund  shall  be  applied 
to  the  support  of  common  schools ; the  revenue  of  the  said  literature 
fund  shall  be  applied  to  the  support  of  academies ; and  the  sum 
of  $25,000  of  the  revenues  of  the  United  States  deposit  fund  shall 
each  year  be  appropriated  to  and  made  part  of  the  capital  of  the 
said  common  school  fund. 

§ 4 Restrictions  of  subsidies.  Neither  the  State  nor 
any  subdivision  thereof,  shall  use  its  property  or  credit  or  any 
public  money,  or  authorize  or  permit  either  to  be  used,  directly 
or  indirectly,  in  aid  or  maintenance,  other  than  for  examination 
or  inspection,  of  any  school  or  institution  of  learning  wholly  or 
in  part  under  the  control  or  direction  of  any  religious  denomina- 
tion, or  in  which  any  denominational  tenet  or  doctrine  is  taught. 


EDUCATION  LAW 

AS  AMENDED  TO  JULY  i,  1919 

[Note.— In  compiling  this  edition,  the  text  of  such  articles  of  the  Education  Law  as  do  not 
relate  to  the  administration  of  the  public  schools  generally,  has  been  omitted.] 

L.  1910,  Chap.  140  — An  act  to  amend  the  Education  Law, 

generally 

[In  effect  April  22,  1910] 

The  People  of  the  State  of  New  York , represented  in  Senate 
and  Assembly,  do  enact  as  follows: 

Section  1.  Chapter  21  of  the  Laws  of  1909,  entitled  “An  act  re- 
lating to  education,  constituting  chapter  16  of  the  Consolidated 
Laws,”  is  hereby  amended  to  read  as  follows: 


CHAPTER  16  OF  THE  CONSOLIDATED  LAWS 


Article 


EDUCATION  LAW 

1 Short  title  and  definitions  (§§  1,  2) 

2 Education  Department  (§§  20-27) 

3 University  (§§  40-78) 

4 Commissioner  of  Education  (§§  90-99) 

5 School  districts  (§§  120-54) 

6 School  neighborhoods  (§§  170-72) 

6-A  Temporary  school  districts  (§§  175-79) 

6-B  Central  rural  schools  (§§  180-86) 

6- C  Central  high  school  districts  (§§  187-89-1) 

7 District  meetings  (§§  190-207) 

7- A  School  elections  in  certain  cities  (§§  208-18) 

S School  district  officers;  general  provisions  (§§  220-36) 

9  District  clerk,  treasurer,  collector  (§§  250-57) 

10  Trustees  (§§  270-85) 

11  Boards  of  education  (§§  300-28) 

12  Town  clerks  (§§  340,  341) 

13  Supervisors  (§§  360-65) 

14  District  superintendent  of  schools;  his  election,  powers  and 


duties  (§§  380-98) 


15  Assessment  and  collection  of  taxes  (§§  410-40) 

16  School  buildings  and  sites  (§§  450-67) 

17  School  district  bonds  (§  480) 

18  School  moneys  (§§  490^502) 

19  Trusts  for  schools;  gospel  and  school  lots  (§§  520-28) 

20  Teachers  and  pupils  (§§  550-67) 

20-A  Medical  inspection  (§§  570-77) 

20-B  Children  with  retarded  mental  development  (§  578) 

21  Contract  system  (§§  586-86) 


EDUCATION  LAW 


3 


Article  22  General  industrial  schools,  unit  trade  and  technical  schools, 
part-time  or  continuation  schools,  practical  arts  or  home- 
making schools,  and  schools  of  agriculture,  mechanic  arts  and 
homemaking  (§§  600-8) 

22-A  Farm  school  in  counties  (§§  610-19-b) 

23  Compulsory  education  (§§  620-38) 

24  School  census  (§§  650-54) 

25  Textbooks  (§§  670-74) 

26  Physiology  and  hygiene  (§§  690,  691) 

26-A  Discipline  and  physical  training  (§§  695-98) 

26-B  Instruction  in  the  humane  treatment  of  animals  and  birds 
(§  700) 

26-C  Instruction  in  patriotism  and  citizenship  (§§  705,  706) 

27  The  flag  (§§  710-13) 

28  Fire  drills  (§§  730-33) 

29  Arbor  Day  (§§  750-52) 

30  Teachers  institute  (§§  770-76) 

31  Training  classes  (§§  790-94) 

32  Normal  schools;  state  normal  college  (§§  810-33) 

33  Fines;  penalties;  forfeitures  and  costs  (§§  850-62) 

33- A Board  of  education  in  the  several  cities  of  the  State  (§§  865-81) 
33-B  Salaries  of  the  members  of  the  supervising  and  teaching  staff  in 
city  schools  (§§  882-89) 

34  Appeals  or  petitions  to  Commissioner  of  Education  (§§  890-92) 

35  Orphan  schools  (§§  900-2) 

36  Schools  for  colored  children  (§§  920-22) 

37  Indian  schools  (§§  940^54) 

38  Instruction  of  deaf  mutes  and  of  the  blind  (§§  970-80) 

39  New  York  State  School  for  the  Blind  (§§  990-1011) 

39- A  Physically  defective  children  (§  1020) 

40  Cornell  University  (§§  1030-39) 

40- A  Agricultural  schools  (§§  1040,  1041) 

41  State  School  of  Agriculture  of  Saint  Lawrence  University 

(§§  1050-52) 

41- A  State  School  of  Agriculture  and  Domestic  Science  at  Delhi 

(§§  1055-60) 

42  State  School  of  Agriculture  at  Alfred  University  (§§  1070^-72) 

42-  A State  School  of  Agriculture  at  Cobleskill  (§§  1075-78) 

43  State  School  of  Agriculture  at  Morrisville  (§§  1090-94) 

43- A  Retirement  fund  for  teachers  in  state  institutions  (§§  1095-99-a) 
43-B  State  teachers  retirement  fund  for  public  school  teachers 

(§§  1100-9-a) 

44  Libraries  (§§  1110-41) 

45  Court  libraries  (§§  1160-84-a) 

45-A  State  School  Agriculture  on  Long  Island  (§§  11S5-89) 

46  Division  of  History  and  Public  Records  (§§  1190-99) 

46  The  New  York-American  Veterinary  College  (§§  1190-93) 

47  Laws  repealed;  saving  clause;  when  to  take  effect  (§§  1200-2) 


4 


THE  UNIVEKSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  1 

Short  Title  and  Definitions 

Section  1 Short  title 
2 Definitions 

§ 1 Short  title.  This  chapter  shall  he  known  as  the  “ Edu- 
cation Law.” 

§ 2 Definitions.  As  used  in  this  chapter,  the  following 
specified  terms  mean  as  here  defined. 

1 Academy.  The  term  “ academy  ” means  an  incorporated 
institution  for  instruction  in  secondary  education,  and  such  high 
schools,  academic  departments  in  union  schools  and  similar  unin- 
corporated schools  as  are  admitted  by  the  Regents  to  the  University 
as  of  academic  grades. 

2 College.  The  term  “ college  ” includes  universities  and 
other  institutions  for  higher  education  authorized  to  confer  degrees. 

3 University.  The  term  “ university  ” means  The  University 
of  the  State  of  ~Ne w York. 

4 Regents.  The  term  “ Regents  ” means  Board  of  Regents  of 
The  University  of  the  State  of  ETew  York. 

5 Commissioner.  The  term  “ Commissioner  ” means  Commis- 
sioner of  Education. 

6 School  commissioner.  The  term  “ school  commissioner  ” 
means  the  local  officer  provided  for  in  article  14. 

7 Secondary  education.  The  term  “ secondary  education  ” 
means  instruction  of  academic  grades,  between  the  elementary 
grades  and  the  college  or  university. 

8 Higher  education.  The  term  “ higher  education  ” means 
education  in  advance  of  secondary  education,  and  includes  the 
work  of  C(ftleges,  universities,  professional  and  technical  schools, 
and  educational  work  connected  with  libraries,  museums,  uni- 
versity and  educational  extension  courses  and  similar  agencies. 

9 Trustee.  The  term  “ trustees,”  when  not  used  in  reference 
to  a school  district,  includes  directors,  managers  or  other  similar 
members  of  the  governing  board  of  an  educational  institution. 

10  Parental  relation.  The  term  “ persons  in  parental  rela- 
tion ” to  a child  includes  the  parents,  guardians  or  other  persons, 
whether  one  or  more,  lawfully  having  the  care,  custody  or  control 
of  such  child. 


EDUCATION  LAW 


5 


11  Compulsory  school  ages.  The  term  “ child  of  compulsory 
school  age  ” means  any  child  between  seven  and  sixteen  years  of 
age  lawfully  required  to  attend  upon  instruction. 

12  School  authorities.  The  term  “ school  authorities  ” means 
the  trustees,  or  board  of  education,  or  corresponding  officers, 
whether  one  or  more,  and  by  whatever  name  known,  of  a city, 
or  school  district  however  created. 

13  School  officer.  The  term  “ school  officer  ” means  a clerk, 
collector,  or  treasurer  of  any  school  district;  a trustee  or  member 
of  a board  of  education  or  other  body  in  control  of  the  schools  by 
whatever  name  known  in  a union  free  school  district  or  in  a city; 
a superintendent  of  schools;  a truant  officer;  a school  commis- 
sioner ; or  other  elective  or  appointive  officer  in  a school  district  or 
city  whose  duties  generally  relate  to  the  administration  of  affairs 
connected  with  the  public  school  system. 

14  Board  of  education.  The  term  “ hoard  of  education  ” shall 
include  by  whatever  name  known  the  governing  body  charged  with 
the  general  control,  management  and  responsibility  of  the  schools 
of  a union  free  school  district  or  of  a city. 

ARTICLE  2 

Education  Department 

Section  20  Education  Department 

21  Divisions  of  Department 

22  Assistant  Commissioners 

23  Other  officers  and  employees 

24  Removals  and  suspensions 

25  Joint  seal 

26  Report's  to  the  Legislature 

27  State  Education  Building 

§ 20  Education  Department.  The  Education  Depart- 
ment is  hereby  continued  and  shall  he  under  the  legislative  di- 
rection of  the  Regents  and  the  executive  direction  of  the  Commis- 
sioner of  Education,  who  is  made,  by  section  94  of  this  act, 
the  chief  executive  officer  of  the  state  system  of  education  and  of 
the  Regents.  The  said  department  is  charged  with  the  general 
management  and  supervision  of  all  public  schools  and  all  of  the 
educational  work  of  the  State,  including  the  operations  of  The 
University  of  the  State  of  New  York. 

§ 21  Divisions  of  Department.  By  concurrent  action  of 
the  Regents  and  the  Commissioner  of  Education  the  Department 


6 


THE  UNIVERSITY  OS  THE  STATE  OF  NEW  YORK 


ment  may  be  divided  into  divisions.  By  like  action  new  divisions 
may  be  created  and  existing  divisions  may  be  consoldated  or 
abolished,  and  the  administrative  work  of  the  Department 
assigned  to  the  several  divisions. 

§ 22  Assistant  Commissioners.  The  Commissioner  of 
Education  shall  appoint,  subject  to  the  approval  of  the  Regents, 
such  Assistant  Commissioners  as  he  shall  deem  necessary  for  the 
proper  organization  and  general  classification  of  the  work  of  the 
Department,  and  assign  to  such  Assistant  Commissioners  the  work 
which  shall  be  under  their  respective  supervision. 

§ 23  Other  officers  and  employees.  The  Commissioner 
of  Education,  subject  to  the  approval  of  the  Regents,  shall  have 
power,  in  conformity  with  their  rules,  to  appoint  all  other  needed 
officers  and  employees  and  fix  their  titles,  duties  and  salaries. 

§ 24  Removals  and  suspensions.  With  the  approval 

of  the  Regents,  the  Commissioner  of  Education  may,  at  his  pleas- 
ure, remove  from  office  any  Assistant  Commissioner,  or  other  ap- 
pointive officer  or  employee;  and,  when  the  Regents  are  not  in 
session,  the  Commissioner  may,  during  his  pleasure,  suspend, 
without  salary,  any  such  officer  or  employee,  but  not  longer  than 
till  the  adjournment  of  the  succeeding  meeting  of  the  Regents. 

§ 25  Joint  seal.  The  Regents  of  the  University  and  the 
Commissioner  of  Education  shall  together  adopt,  and  may  modify 
at  any  time,  a seal,  which  shall  be  used  in  common  as  the  seal 
of  the  Education  Department  and  of  the  University;  and  copies 
of  all  records  thereof  and  of  all  acts,  orders,  decrees  and  decisions 
made  by  the  Regents  or  by  the  Commissioner  of  Education,  and  of 
their  official  papers,  and  of  the  drafts  or  machine  copies  of  any 
of  the  foregoing,  may  be  authenticated  under  the  said  seal  and 
shall  then  be  evidence  equally  with  and  in  like  manner  as  the 
originals. 

§ 26  Reports  to  the  Legislature.  The  Commissioner 
of  Education  shall  annually  prepare  a report  of  the  Education 
Department,  including  the  University,  which  shall  be  transmitted 
to  the  Legislature  over  the  signatures  of  the  Chancellor  of  the 
University  and  of  the  Commissioner  of  Education.  At  their 
pleasure,  the  Regents  or  the  Commissioner  of  Education  may  make 
other  reports  and  communications  to  the  Legislature.  Such  por- 
tions of  their  annual  or  other  reports  or  communications  as  the 
Commissioner  or  the  Regents  shall  desire  for  such  use  shall  be 
printed  by  the  state  printer  as  bulletins. 


EDUCATION  LAW 


7 


§ 27  State  Education  Building  After  the  completion 
of  the  State  Education  Building,  it  shall  be  occupied  exclusively 
by  the  Education  Department,  including  the  University,  with 
the  State  Library,  the  State  Museum,  and  its  other  departments, 
together  with  such  other  work  with  which  the  Commissioner  of 
Education  and  the  Regents  have  official  relations,  as  they  may, 
in  their  discretion,  provide  for  therein;  and  such  building  and 
the  offices  of  such  department  shall  he  maintained  at  state  expense. 

ARTICLE  3 

University  of  the  State  of  New  York 

Section  40  Corporate  name  and  objects 

41  Regents 

42  Officers 

43  Meetings  and  absences 

44  Quorum 

45  Authority  to  take  testimony 

46  Legislative  power 

47  General  examinations,  credentials  and  degrees 

48  Academic  examinations 

49  Admission  and  fees 

50  Registrations 

51  Supervision  of  professions 

52  Extension  of  educational  facilities 

53  Departments  and  their  government 

54  State  Museum ; liow  constituted 

55  Collections  made  by  the  staff 

56  Indian  collection 

57  Institutions  in  the  University 

58  Visitation  and  reports 

59  Charters 

60  Provisional  charters 

61  Conditions  of  incorporation 

62  Change  of  name  or  charter 

63  Dissolution  and  rechartering 

64  Dissolution  of  incorporated  academy  by  stockholders 

65  Suspension  of  operations 

66  Prohibitions 

67  Unlawful  acts  in  respect  to  examinations 

68  Powers  of  trustees  of  institutions 

69  Colleges  may  construct  water-works  and  sewer  systems 

70  State  scholarships  established 

71  Scholarship  fund  of  The  University  of  the  State  of  New  York 

72  Regents  to  make  rules 

73  List  of  candidates,  award  of  scholarship 

74  Issuance  of  scholarship  certificate 


8 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Section  75  Effect  of  certificate;  payments  thereon 

76  Kevocation  of  scholarship 

77  Limitation  as  to  number  of  scholarships,  courses  of  study 

78  State  scholarships  for  soldiers,  sailors  and  marines 

§ 40  Corporate  name  and  objects.  The  corporation 
created  in  the  year  1784  under  the  name  of  the  Regents  of  The 
University  of  the  State  of  Hew  York,  is  hereby  continued  under 
the  name  of  The  University  of  the  State  of  Rew  York.  Its 
objects  shall  be  to  encourage  and  promote  education,  to  visit  and 
inspect  its  several  institutions  and  departments,  to  distribute  to 
or  expend  or  administer  for  them  such  property  and  funds  as  the 
State  may  appropriate  therefor  or  as  the  University  may  own  or 
hold  in  trust  or  otherwise,  and  to  perform  such  other  duties  as 
may  be  intrusted  to  it. 

§ 41  Regents.  The  University  shall  be  governed  and  all 
its  corporate  powers  exercised  by  a Board  of  Regents  whose  mem- 
bers shall  at  all  times  be  three  more  than  the  then  existing  judicial 
districts  of  the  State.  The  Regents  now  in  office  and  those  here- 
after elected  shall  hold,  in  the  order  of  their  election,  for  such 
times  that  the  term  of  one  Regent  will  expire  in  each  year  on  the 
first  day  of  April,  and  his  successor  shall  be  chosen  in  the  second 
week  of  the  preceding  February,  on  or  before  the  fourteenth  day 
of  such  month.  A Regent  shall  be  elected  by  the  Legislature,  on 
joint  ballot  of  the  two  houses  thereof. 

All  vacancies  in  such  office,  either  for  full  or  unexpired  terms, 
shall  be  so  filled  that  there  shall  always  be  in  the  membership  of 
the  Board  of  Regents  at  least  one  resident  of  each  of  the  judicial 
districts.  A vacancy  in  the  office  of  Regent  for  other  cause  than 
expiration  of  term  of  service  shall  be  filled  for  the  unexpired  term 
by  an  election  at  the  session  of  the  Legislature  immediately  follow- 
ing such  vacancy,  unless  the  legislature  is  in  session  when  such 
vacancy  occurs,  in  which  case  the  vacancy  shall  be  filled  by  such 
Legislature.  There  shall  be  no  “ ex  officio  ” members  of  the  Board 
of  Regents.  Uo  person  shall  be  at  the  same  time  a Regent  of  the 
University  and  a trustee,  president,  principal  or  any  other  officer 
of  an  institution  belonging  to  the  University.  [ Amended  by  L. 
1915 , ch.  3.] 

§ 42  Officers.  The  elective  officers  of  the  University  shall 
be  a Chancellor  and  a Vice-Chancellor  who  shall  serve  without 
salary,  and  such  other  officers  as  are  deemed  necessary  by 
the  Regents,  all  of  whom  shall  be  chosen  by  ballot  by  the  Regents 
and  shall  hold  office  during  their  pleasure;  but  no  election,  removal 


EDUCATION-  DAW 


9 


or  change  of  salary  of  an  elective  officer  shall  he  made  by  less 
than  six  votes  in  favor  thereof.  Each  Regent  and  each  elective 
officer  shall,  before  entering  on  his  duties,  take  and  file  with  the 
Secretary  of  State  the  oath  of  office  required  of  state  officers. 

The  Chancellor  shall  preside  at  all  convocations  and  at  all  meet- 
ings of  the  Regents,  and  confer  all  degrees  which  they  shall  author- 
ize. In  his  absence  or  inability  to  act,  the  Vice-Chancellor,  or  if 
he  be  also  absent,  the  senior  Regent  present,  shall  perform  all  the 
duties  and  have  all  the  powers  of  the  Chancellor. 

§ 43  Meetings  and  absences.  The  Regents  may  provide 
for  regular  meetings,  and  the  Chancellor,  or  the  Commissioner  of 
Education,  or  any  five  Regents,  may  at  any  time  call  a special 
meeting  of  the  Board  of  Regents  and  fix  the  time  and  place  there- 
for ; and  at  least  ten  days’  notice  of  every  meeting  shall  be  mailed 
to  the  usual  address  of  each  Regent.  If  any  Regent  shall  fail  to 
attend  three  consecutive  meetings,  without  excuse  accepted  as 
satisfactory  by  the  Regents,  he  may  be  deemed  to  have  resigned 
and  the  Regents  shall  then  report  the  vacancy  to  the  Legislature, 
which  shall  fill  it. 

§ 44  Quorum.  Seven  Regents  attending  shall  be  a quorum 
for  the  transaction  of  business. 

§ 45  Authority  to  take  testimony.  The  Regents,  any 
committee  thereof,  the  Commissioner  of  Education  and  any  Assist- 
ant Commissioner  of  Education  may  take  testimony  or  hear  proofs 
relating  to  their  official  duties,  or  in  any  matter  which  they  may 
lawfully  investigate. 

§ 46  Legislative  power.  Subject  and  in  conformity  to 
the  constitution  and  laws  of  the  State,  the  Regents  shall  exercise 
legislative  functions  concerning  the  educational  system  of  the 
State,  determine  its  educational  policies,  and  except  as  to  the 
judicial  functions  of  the  Commissioner  of  Education  establish 
rules  for  carrying  into  effect  the  laws  and  policies  of  the  State, 
relating  to  education,  and  the  powers,  duties  and  trusts  conferred 
or  charged  upon  the  University.  But  no  enactment  of  the  Regents 
shall  modify  in  any  degree  the  freedom  of  the  governing  body  of 
any  seminary  for  the  training  of  priests  or  clergymen  to  deter- 
mine and  regulate  the  entire  course  of  religious,  doctrinal  or  theo- 
logical instruction  to  be  given  in  such  institution.  Eo  rule  by 
which  more  than  a majority  vote  shall  be  required  for  any  speci- 
fied action  by  the  Regents  shall  be  amended,  suspended  or  repealed 
by  a smaller  vote  than  that  required  for  action  thereunder. 


10 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 47  General  examinations,  credentials  and  de- 
grees. The  Regents  may  confer  by  diploma  under  their  seal 
such  honorary  degrees  as  they  may  deem  proper,  and  may  estab- 
lish examinations  as  to  attainments  in  learning,  and  may  award 
and  confer  suitable  certificates,  diplomas  and  degrees  on  persons 
who  satisfactorily  meet  the  requirements  prescribed. 

§ 48  Academic  examinations.  The  Regents  shall  estab- 
lish in  the  secondary  institutions  of  the  University,  examinations 
in  studies  furnishing  a suitable  standard  of  graduation  there- 
from and  of  admission  to  colleges,  and  certificates  or  diplomas 
shall  be  conferred  by  the  Regents  on  students  who  satisfactorily 
pass  such  examinations. 

§ 49  Admission  and  fees.  Any  person  shall  be  admit- 
ted to  these  examinations  who  shall  conform  to  the  rules  and 
pay  the  fees  prescribed  by  the  Regents. 

§ 50  Registrations.  The  Regents  may  register  domestic 
and  foreign  institutions  in  terms  of  New  York  standards,  and  fix 
the  value  of  degrees,  diplomas  and  certificates  issued  by  institu- 
tions of  other  states  or  countries  and  presented  for  entrance  to 
schools,  colleges  and  the  professions  in  this  State. 

§ 51  Supervision  of  professions.  Conformably  to  law 
the  Regents  may  supervise  the  entrance  regulations  to  and  the 
licensing  under  and  the  practicing  of  the  professions  of  medicine, 
dentistry,  veterinary  medicine,  pharmacy,  optometry  and  chirop- 
ody, and  also  supervise  the  certification  of  nurses,  public  account- 
ants, certified  shorthand  reporters,  architects,  and  members  of 
any  other  profession  which  may  hereafter  come  under  the  super- 
vision of  the  Board  of  Regents. 

The  Regents  may  by  rule  or  order  accept  evidence  of  pre- 
liminary and  professional  education  for  licensing  a candidate  to 
practise  any  such  profession  in  lieu  of  that  prescribed  by  the  laws 
relating  to  such  profession ; provided  it  shall  appear  to  the  satis- 
faction of  the  regents  that  such  candidate  has  substantially  met 
the  requirement  of  such  laws. 

And  the  Regents  shall  have  further  power  to  indorse  a license 
issued  by  a legally  constituted  board  of  examiners  in  any  other  state 
upon  satisfactory  evidence  that  the  requirements  for  the  issuance 
of  such  license  were  substantially  the  equivalent  of  the  require- 
ments in  force  in  this  State  when  such  license  was  issued,  and  that 
the  applicant  has  been  in  the  lawful  and  reputable  practice  of  his 
profession  for  a period  of  not  less  than  five  years  prior  to  his  mak- 


EDUCATION  LAW 


11 


ing  application  for  such  indorsement.  When  the  evidence  presented 
is  not  satisfyingly  sufficient  to  warrant  the  indorsement  of  such 
license,  the  Board  of  Regents  may  require  that  the  candidate  for 
indorsement  shall  pass  such  subjects  of  the  licensing  examination 
specified  by  statute  or  Regents’  rule  as  should  be  required  of  the 
candidate  to  establish  his  worthiness  to  receive  such  indorsement. 
[Amended  by  L.  1917 , ch.  357 , in  effect  May  k>  19177] 

§ 52  Extension  of  educational  facilities.  The  Re- 
gents may  extend  to  the  people  at  large  increased  educational  op- 
portunities and  facilities,  stimulate  interest  therein,  recommend 
methods,  designate  suitable  teachers  and  lecturers,  conduct  ex- 
aminations and  grant  credentials,  and  otherwise  organize,  aid  and 
conduct  such  work.  And  the  Regents,  and  with  their  approval  the 
Commissioner  of  Education,  may  buy,  sell,  exchange  and  receive 
by  will,  or  other  gift,  or  on  deposit,  books,  pictures,  statuary  or 
other  sculptured  work,  lantern  slides,  apparatus,  maps,  globes, 
and  any  articles  or  collections  pertaining  to  or  useful  in  and  to 
any  of  the  departments,  divisions,  schools,  institutions,  associa- 
tions or  other  agencies,  or  work,  under  their  supervision,  or  con- 
trol, or  encouragement,  and  may  lend  or  deposit  any  such  articles 
in  their  custody  or  control,  when  or  where  in  their  judgment 
compensating  educational  usefulness  will  result  therefrom;  and 
may  also,  from  time  to  time,  enter  into  contracts  desirable  for 
carrying  into  effect  the  foregoing  provisions. 

§ 53  Departments  and  their  government.  The 
State  Library  and  State  Museum  shall  be  departments  of  the 
University,  and  the  Regents  may  establish  such  other  departments 
and  divisions  therein  as  they  shall  deem  useful  in  the  discharge 
of  their  duties. 

§ 54  State  Museum;  how  constituted.  All  scientific 
specimens  and  collections,  works  of  art,  objects  of  historic  inter- 
est and  similar  property  appropriate  to  a general  museum,  if 
owned  by  the  State  and  not  placed  in  other  custody  by  a specific 
law,  shall  constitute  the  State  Museum,  and  one  of  its  officers  shall 
annually  inspect  all  such  property  not  kept  in  the  State  Museum 
rooms,  and  the  annual  report  of  the  Museum  to  the  Legislature 
shall  include  summaries  of  such  property,  with  its  location,  and 
any  needed  recommendations  as  to  its  safety  or  usefulness.  The 
State  Museum  shall  include  the  work  of  the  State  Geologist  and 
Paleontologist,  the  State  Botanist  and  the  State  Entomologist, 
who,  with  their  assistants,  shall  be  included  in  the  scientific  staff 
of  the  State  Museum. 


12 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORE 


§ 55  Collections  made  by  the  staff.  Any  scientific 
collection  made  by  a member  of  the  Museum  staff  during  his 
term  of  office  shall,  unless  otherwise  authorized  by  resolution  of 
the  Regents,  belong  to  the  State  and  form  part  of  the  State 
Museum. 

§ 56  Indian  collection.  There  shall  be  made,  as  the 
Indian  section  of  the  State  Museum,  as  complete  a collection  as 
practicable  of  the  historical,  ethnographic  and  other  records  and 
relics  of  the  Indians  of  the  State  of  New  York,  including  imple- 
ments or  other  articles  pertaining  to  their  domestic  life,  agricul- 
ture, the  chase,  war,  religion,  burial  and  other  rites  or  customs, 
or  otherwise  connected  with  the  Indians  of  Yew  York. 

§ 57  Institutions  in  tbe  University.  The  institu- 
tions of  the  University  shall  include  all  secondary  and  higher 
educational  institutions  which  are  now  or  may  hereafter  be  in- 
corporated in  this  State,  and  such  other  libraries,  museums,  in- 
stitutions, schools,  organizations  and  agencies  for  education  as 
may  be  admitted  to  or  incorporated  by  the  University.  The 
Regents  may  exclude  from  such  membership  any  institution  fail- 
ing to  comply  with  law  or  with  any  rule  of  the  University. 

§ 58  Visitation  and  reports.  The  Regents,  or  the  Com- 
missioner of  Education,  or  their  representatives,  may  visit,  exam- 
ine into  and  inspect,  any  institution  in  the  University  and  any 
school  or  institution  under  the  educational  supervision  of  the 
State,  and  may  require,  as  often  as  desired,  duly  verified  reports 
therefrom  giving  such  information  and  in  such  form  as  the  Regents 
or  the  Commissioner  of  Education  shall  prescribe.  For  refusal  or 
continued  neglect  on  the  part  of  any  institution  in  the  University 
to  make  any  report  required,  or  for  violation  of  any  law  or  any 
rule  of  the  University,  the  Regents  may  suspend  the  charter  or  any 
of  the  rights  and  privileges  of  such  institution. 

§ 59  Charters.  Under  such  name,  with  such  number  of 
trustees  or  other  managers,  and  with  such  powers,  privileges  and 
duties,  and  subject  to  such  limitations  and  restrictions  in  all 
respects  as  the  Regents  may  prescribe  in  conformity  to  law,  they 
may,  by  an  instrument  under  their  seal  and  recorded  in  their 
office,  incorporate  any  university,  college,  academy,  library,  mu- 
seum, or  other  institution  or  association  for  the  promotion  of 
science,  literature,  art,  history  or  other  department  of  knowledge, 
or  of  education  in  any  way,  associations  of  teachers,  students, 
graduates  of  educational  institutions,  and  other  associations  whose 


EDUCATION  LAW 


13 


approved  purposes  are,  in  whole  or  in  part,  of  educational  or  cul- 
tural value  deemed  worthy  of  recognition  and  encouragement  by 
the  University.  Uo  institution  or  association  which  might  he  in- 
corporated by  the  Regents  under  this  chapter  shall,  without  their 
consent,  he  incorporated  under  any  other  general  law. 

§ 60  Provisional  charters.  On  evidence  satisfactory 
to  the  Regents  that  the  conditions  for  an  absolute  charter  will  he 
met  within  a prescribed  time,  they  may  grant  a provisional 
charter  which  shall  be  replaced  by  an  absolute  charter  when  the 
conditions  have  been  fully  met ; otherwise,  after  the  specified  time, 
on  notice  from  the  Regents  to  this  effect,  the  provisional  charter 
shall  terminate  and  become  void  and  shall  be  surrendered  to  the 
Regents.  No  such  provisional  charter  shall  give  power  to  confer 
degrees. 

§ 61  Conditions  of  incorporation.  Uo  institution  shall 
be  given  power  to  confer  degrees  in  this  State  unless  it  shall  have 
resources  of  at  least  five  hundred  thousand  dollars  ; and  no  insti- 
tution for  higher  education  shall  he  incorporated  without  suitable 
provision,  approved  by  the  Regents,  for  educational  equipment  and 
proper  maintenance.  Ro  institution  shall  institute  or  have  any 
faculty  or  department  of  education  in  any  place  or  be  given  power 
to  confer  any  degree  not  specifically  authorized  by  its  charter ; and 
no  corporation  shall,  under  authority  of  any  general  act,  extend 
its  business  to  include  establishing  or  carrying  on  any  educational 
institution  or  work,  without  the  consent  of  the  Board  of  Regents. 

§ 62  Change  of  name  or  charter.  1 The  Regents 
may,  at  any  time,  for  sufficient  cause  by  an  instrument  under  their 
seal  and  recorded  in  their  office,  change  the  name,  or  alter,  sus- 
pend or  revoke  the  charter  or  incorporation  of  any  in- 
stitution which  they  might  incorporate  under  section  59, 
if  subject  to  their  visitation  or  chartered  or  incorporated  by 
the  Regents  or  under  a general  law ; provided  that,  unless  on  unan- 
imous request  of  the  trustees  of  the  institution,  no  name  shall 
be  changed  and  no  charter  shall  be  altered,  nor  shall  any  rights 
or  privileges  thereunder  be  suspended  or  repealed  by  the  Regents, 
till  they  have  mailed  to  the  usual  address  of  every  trustee  of  the 
institution  concerned  at  least  thirty  days’  notice  of  a hearing 
when  any  objections  to  the  proposed  change  will  be  considered, 
and  till  ordered  by  a vote  at  a meeting  of  the  Regents  for  which 


14  THE  UNIVERSITY  OF  THE  S1\ATE  OF  NEW  YORK 

the  notices  have  specified  that  action  is  to  be  taken  on  the  proposed 
change. 

2 Any  notice  to  a trustee  whose  address  is  not  readily  ascer- 
tainable, may  be  mailed  to  him  in  care  of  the  institution. 

§ 63  Liquidation  of  affairs  of  educational  institu- 
tions. Whenever  any  educational  corporation  subject  to  the  visi- 
tation of  the  Regents,  chartered  or  incorporated  by  the  Regents  or 
under  a general  law,  shall  cease  to  act  in  its  corporate  capacity  or 
shall  have  its  charter  revoked  by  the  Regents,  it  shall  be  lawful  for 
the  Supreme  Court  of  this  State,  upon  the  application  of  the 
majority  of  the  trustees  thereof,  in  case  said  court  shall  deem  it 
proper  so  to  do,  to  order  and  decree  a dissolution  of  such  educa- 
tional corporation,  and  for  that  purpose  to  order  and  direct  a sale 
and  conveyance  of  any  and  all  property  belonging  to  such  corpora- 
tion, and  after  providing  for  the  ascertaining  and  payment  of  the 
debts  of  such  corporation,  and  the  necessary  costs  and  expenses  of 
such  sale  and  proceedings  for  dissolution,  so  far  as  the  proceeds 
of  such  sale  shall  be  sufficient  to  pay  the  same,  such  court  may 
order  and  direct  any  surplus  of  such  proceeds  remaining  after  pay- 
ment of  such  debts,  costs  and  expenses,  to  be  devoted  and  applied 
to  any  such  educational,  religious,  benevolent,  charitable  or  other 
objects  or  purposes  as  the  said  trustees  may  indicate  by  their 
petition  and  the  said  court  may  approve. 

Such  application  to  said  court  shall  be  made  by  petition,  duly 
verified  by  said  trustees,  which  petition  shall  state  the  particular 
reason  or  causes  why  such  sale  and  dissolution  are  sought;  the 
situation,  condition  and  estimated  value  of  the  property  of  said 
corporation,  and  the  particular  object  or  purposes  to  which  it  is 
proposed  to  devote  any  surplus  of  the  proceeds  of  such  property; 
and  such  petition  shall,  in  all  cases,  be  accompanied  with  proof 
that  notice  of  the  time  and  place  of  such  intended  application  to 
said  court  has  been  duly  published  once  in  each  week  for  at  least 
four  weeks  successively,  next  preceding  such  application,  in  a 
newspaper  published  in  the  county  where  such  corporation  is 
located. 

In  case  there  shall  be  no  trustees  of  such  educational  corporation 
residing  in  the  county  in  which  such  corporation  is  located,  such 
application  may  be  made  and  such  proceedings  taken  by  the  Board 
of  Regents  of  the  University  of  the  State  of  New  York.  This 
section  shall  not  apply  to  the  dissolution  of  an  academy  incorpo- 
rated under  the  laws  of  this  State  and  having  a capital  stock. 
[ Former  63  repealed;  new  § 63  added  by  L.  1911,  ch.  860.~\ 


EDUCATION  LAW 


15 


§ 64  Dissolution  of  incorporated  academy  by 
stockholders.  1 Meeting  to  consider  application  for  dis- 
solution, when  to  he  called.  The  trustees  of  any  academy  incorpo- 
rated under  the  laws  of  this  State  and  having  a capital  stock,  may, 
and  upon  the  written  application  of  any  person  owning  or  law- 
fully holding  one-third  of  the  said  capital  stock,  must  call  a 
general  meeting  of  the  stockholders  of  the  said  academy,  as  here- 
inafter provided,  for  the  purpose  of  determining  whether  or  not 
such  incorporated  academy  shall  surrender  its  charter  and  he  dis- 
solved and  its  property  distributed  among  the  stockholders  thereof. 

2 Notice  thereof,  how  published.  The  notice  for  such  general 
meeting  must  state  the  object  thereof  and  be  subscribed  by  the 
chairman  or  other  acting  presiding  officer  and  the  secretary  or 
acting  secretary  of  the  said  corporation  or  board  of  trustees;  it 
shall  be  published  once  a week  for  three  successive  weeks  prior  to 
such  meeting  in  a daily  or  weekly  newspaper  published  in  the 
place  where  the  said  academy  is  located;  or  if  there  be  no  such 
paper,  then  in  a daily  or  weekly  paper  published  within  the 
county,  if  there  be  one,  or,  if  not,  in  an  adjoining  county  to  that 
in  which  such  academy  is  located. 

3 Vote  requisite  for  surrender  of  charter  and  dissolution. 
Whenever,  at  a meeting  of  the  stockholders  called  as  hereinbefore 
provided,  any  person  or  persons  holding  or  qualified  to  vote  upon 
a majority  of  the  capital  stock  of  such  incorporated  academy  shall 
vote  to  surrender  the  charter  thereof  and  to  dissolve  the  corpora- 
tion, the  trustees  of  such  academy,  or  a majority  of  them,  must 
make  and  sign  a certificate  of  such  action,  cause  the  same  to  be 
properly  attested  by  the  officers  of  the  corporation  and  file  the 
same,  together  with  a copy  of  the  published  notice  for  the  meet- 
ing at  which  such  action  was  taken,  and  due  proof  of  the  pub- 
lication thereof,  in  the  office  of  the  Board  of  Regents  of  The  Uni- 
versity of  the  State  of  New  York  and  thereupon,  if  the  said  pro- 
ceedings shall  have  been  regularly  conducted  as  above  prescribed, 
the  charter  of  said  corporation  shall  be  deemed  to  be  surrendered 
and  the  said  corporation  dissolved. 

4 Powers  of  trustees  of  academies  upon  dissolution.  Upon  the 
dissolution  of  such  incorporated  academy,  as  herein  provided, 
the  trustees  thereof  shall  forthwith  become  and  be  trustees  of  the 
creditors  and  stockholders  of  the  corporation  dissolved.  They 
shall  have  full  power  to  settle  the  affairs  of  the  said  corporation ; 
to  collect  and  pay  the  outstanding  debts;  to  sue  for  and  recover 


16 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


debts  and  property  thereof  by  the  name  of  the  trustees  of  such 
corporation;  to  sell  and  dispose  of  the  property  thereof,  at  public 
or  private  sale,  and  to  divide  among  the  stockholders  the  moneys 
or  other  property  that  shall  remain  after  the  payment  of  debts 
and  necessary  expenses. 

5 Notice  to  creditors  to  present  claims , how  published.  The 
said  trustees  may,  after  the  dissolution  of  the  said  corporation,  in- 
sert in  a newspaper  published  in  the  place  where  the  said  academy 
is  located,  or  if  there  be  none  such  then  in  a newspaper  published 
within  the  county,  if  there  be  one,  or,  if  not,  in  an  adjoining 
county,  a notice  once  in  each  week  for  three  successive  months, 
requiring  all  persons  having  claims  against  the  said  corporation 
dissolved  to  present  the  same  with  proof  thereof  to  the  said 
trustees,  at  the  place  designated  in  such  notice,  on  or  before  a day 
therein  named  which  shall  be  not  less  than  three  months  from  the 
first  publication  thereof.  In  case  any  action  shall  be  brought 
upon  any  claim  which  shall  not  have  been  presented  to  the 
said  trustees  within  three  months  from  the  first  publication  of 
such  notice,  the  said  trustees  shall  not  be  chargeable  for  any  assets, 
moneys  or  proceeds  of  the  said  corporation  dissolved,  which  they 
may  have  paid  in  satisfaction  of  other  claims  against  the  said 
corporation,  or  in  making  distribution  to  the  stockholders  thereof, 
before  the  commencement  of  such  action. 

6 Surrender  of  stock  scrip , upon  distribution  to  shareholders. 
Upon  the  distribution  by  the  said  trustees  of  assets  or  property, 
or  the  proceeds  thereof,  of  the  dissolved  corporation  among  its 
stockholders  the  said  trustees  may  require  the  certificates  of  owner- 
ship of  capital  stock,  if  such  have  been  issued,  standing  in  the 
name  of  any  stockholder  claiming  a distributive  share,  or  under 
whom  such  share  is  claimed,  to  be  surrendered  for  cancellation 
by  such  stockholder  or  person  claiming  the  said  share;  in  the 
event  of  the  nonproduction  of  any  such  certificate,  the  said 
trustees  may  require  satisfactory  proof  of  the  loss  thereof,  or  of 
any  other  cause  for  such  nonproduction,  together  with  such  se- 
curity as  they  may  prescribe,  before  payment  of  the  distributive 
share  to  which  the  person  claiming  upon  such  share  of  stock  may 
appear  to  be  entitled. 

7 Notice  of  distribution , to  absent  and  unknown  shareholders . 
In  case  the  said  trustees  upon  such  distribution  by  them  of  assets 
or  property,  or  the  proceeds  thereof,  of  the  dissolved  corporation 
among  its  stockholders,  shall  be  unable  to  find  any  of  the  said 


EDUCATION  LAW 


17 


stockholders  or  the  persons  lawfully  owning  or  entitled  to  any 
portion  of  the  said  capital  stock,  they  shall  give  notice  in  the 
manner  hereinabove  provided  for  calling  the  general  meeting 
of  stockholders,  and  such  distribution,  to  the  persons  in  whose 
names  such  stock  shall  stand  upon  the  books  of  the  said  corpora- 
tion, requiring  them  to  appear  at  a time  and  place  designated,  to 
receive  the  portion  of  such  assets  or  property  to  which  they  may 
be  entitled;  in  case  of  the  failure  of  any  such,  persons  to  so 
appear,  it  shall  be  lawful  for  the  said  trustees  to  pay  over  and 
deliver  to  the  county  treasurer  of  the  county  wherein  such 
academy  was  located,  or  to  any  trust  company  or  other  corpora- 
tion located  within  such  county  and  authorized  to  receive  moneys 
on  deposit  under  order  or  judgment  of  a court  of  record,  the  pro- 
portion of  the  assets,  property  or  proceeds  aforesaid  which  such 
nonappearing  stock  bears  to  the  whole  stock ; the  said  trustees 
shall  also  deliver  therewith  a list  of  the  persons  entitled  to  receive 
the  same,  together  with  the  separate  amounts  to  which  they  shall 
be  severally  entitled. 

8 Liability  of  tmstees,  when  to  cease.  Upon  the  payment  and 
discharge  of  the  debts  and  obligations  of  the  corporation  dissolved, 
as  hereinbefore  provided,  and  the  distribution  of  its  assets,  prop- 
erty and  proceeds  among  the  stockholders  thereof,  and  due  pro- 
vision made,  as  hereinabove  prescribed,  for  the  interests  of  non- 
appearing stockholders  and  such  as  can  not  be  found,  the  said 
trustees  shall  become  and  be  relieved  and  discharged  from  fur- 
ther duty,  liability  and  responsibility  by  reason  of  their  relation 
to  the  said  corporation,  or  towards  the  stockholders  thereof. 

9 Duties  and  liabilities  of  custodians.  Any  county  treasurer, 
trust  company  or  other  corporation  to  whom  assets,  property  or 
proceeds  shall  be  delivered  as  herein  provided,  shall  hold  the  same 
in  trust  for  the  persons  designated  and  entitled  to  receive  it ; and 
upon  receiving  satisfactory  proof  of  the  right  and  title  thereto,  or 
upon  the  order  of  any  court  of  record  competent  to  adjudicate 
thereupon,  shall  pay  over  and  deliver  to  any  persons  entitled  to 
receive  the  same  the  portion  of  such  proceeds,  property  or  assets 
to  which  they  shall  be  entitled. 

§ 65  Suspension  of  operations.  If  any  institution 
in  the  University  shall  discontinue  its  educational  operations 
without  cause  satisfactory  to  the  Regents,  it  shall  surrender  its 
charter  to  them,  subject,  however,  to  restoration  whenever  arrange- 
ments satisfactory  to  the  Regents  are  made  for  resuming  its  work. 


18 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 66  Prohibitions.  1 No  individual,  association  or 
corporation  not  holding  university  or  college  degree-conferring 
powers  by  special  charter  from  the  Legislature  of  this  State  or 
from  the  Regents,  shall  confer  any  degrees,  or  transact  business 
under  or  in  any  way  assume  the  name  university  or  college,  till 
written  permission  to  use  such  name  shall  have  been  granted  by 
the  Regents  under  their  seal. 

2 No  person  shall  buy,  sell  or  fraudulently  or  illegally  make  or 
alter,  give,  issue  or  obtain  any  diploma,  certificate  or  other  instru- 
ment purporting  to  confer  any  literary,  scientific,  professional  or 
other  degree,  or  to  constitute  any  license,  or  to  certify  to  the  com- 
pletion in  whole  or  in  part  of  any  course  of  study  in  any  univer- 
sity, college,  academy  or  other  educational  institution. 

3 No  diploma  or  degree  shall  be  conferred  in  this  State  except 
by  a regularly  organized  institution  of  learning  meeting  all  re- 
quirements of  law  and  of  the  University,  nor  shall  any  person 
with  intent  to  deceive,  falsely  represent  himself  to  have  received 
any  such  degree  or  credential,  nor  shall  any  person  append  to  his 
name  any  letters  in  the  same  form  registered  by  the  Regents  as 
entitled  to  the  protection  accorded  to  university  degrees,  unless 
he  shall  have  received  from  a duly  authorized  institution  the 
degree  or  certificate  for  which  the  letters  are  registered.  Counter- 
feiting or  falsely  or  without  authority  making  or  altering  in  a 
material  respect  any  such  credential  issued  under  seal  shall  be  a 
felony ; any  other  violation  of  this  section  shall  be  a misdemeanor ; 
and  any  person  who  aids  or  abets  another,  or  advertises  or  offers 
himself  to  violate  the  provisions  of  this  section,  shall  be  liable 
to  the  same  penalties. 

§ 6*7  Unlawful  acts  in  respect  to  examinations. 

A person  who  shall 

1 Personate  or  attempt  or  offer  to  personate  another  person  in 
taking,  or  attempting  or  offering  to  take  an  examination  held  in 
accordance  with  this  chapter  or  with  the  rules  of  the  University ; 
or 

2 Take,  or  attempt  or  offer  to  take,  such  an  examination  in  the 
name  of  any  other  person ; or 

3 Procure  any  other  person  to  falsely  personate  him  or  to  take, 
or  attempt  or  offer  to  take,  any  such  examination  in  his  name; 

or 

4 Have  in  his  possession  question  papers  to  be  used  in  any  such 
examination,  when  not  contained  in  their  sealed  wrappers,  or 


EDUCATION  LAW 


19 


copies  of  such  papers  or  questions,  at  any  time  prior  to  the  date 
set  for  such  examination,  unless  duly  authorized  by  the  Regents 
or  the  Commissioner  of  Education ; or 

5 Sell  or  offer  to  sell  question  papers  or  any  questions  prepared 
for  use  in  any  examination  held  in  accordance  with  this  chapter 
or  with  the  rules  of  the  University ; or 

6 Use  in  any  such  examination  any  question  papers  or  ques- 
tions, or  secure  or  prepare  the  answers  to  such  questions  prior 
to  the  time  set  for  the  examination;  or 

7 Transmit  to  the  State  Education  Department  answers  to  ques- 
tions used  in  any  such  examination  which  are  prepared  or  written 
outside  of  the  period  of  examination,  or  alter  any  such  answers 
after  such  period  is  closed;  or 

8 Otherwise  secure  or  attempt  to  secure  the  record  of  having 
passed  such  examination  in  violation  of  the  University  rules; 
is  guilty  of  a misdemeanor  and  upon  conviction  thereof  shall  be 
punished  for  a first  offense  by  a fine  of  not  less  than  fifty  dollars 
or  imprisonment  for  not  less  than  thirty  days,  or  by  both  such  fine 
and  imprisonment,  and  for  a second  offense  by  a fine  of  not  less 
than  two  hundred  and  fifty  dollars,  or  imprisonment  for  not  less 
than  six  months  or  by  both  such  fine  and  imprisonment. 

§ 68  Powers  of  trustees  of  institutions.  The  trus- 
tees of  every  corporation  created  by  the  Regents,  unless  otherwise 
provided  by  law  or  by  its  charter,  may: 

1 Number  and  quorum.  Fix  the  term  of  office  and  number  of 
trustees,  which  shall  not  exceed  twenty-five,  nor  be  less  than  five. 
If  any  institution  has  more  than  five  trustees,  the  body  that  elects, 
by  a two-thirds  vote  after  notice  of  the  proposed  action  in  the 
call  for  a meeting,  may  reduce  the  number  to  not  less  than  five 
by  abolishing  the  office  of  any  trustee  which  is  vacant  and  filing 
in  the  Regents’  office  a certified  copy  of  the  action.  A majority  of 
the  whole  number  shall  be  a quorum. 

2 Executive  committee.  Elect  an  executive  committee  of  not 
less  than  five,  who,  in  intervals  between  meetings  of  the 
trustees,  may  transact  such  business  of  the  corporation  as  the 
trustees  may  authorize,  except  to  grant  degrees  or  to  make  re- 
movals from  office. 

3 Meetings  and  seniority.  Meet  on  their  own  adjournment 
or  when  required  by  their  by-laws,  and  as  often  as  they  shall  be 
summoned  by  their  chairman,  or  in  his  absence  by  the  senior 
trustee,  on  written  request  of  three  trustees.  Seniority  shall  be 


20 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


according  to  the  order  in  which  the  trustees  are  named  in  the 
charter  or  subsequently  elected.  Notice  of  the  time  and  place  of 
every  meeting  shall  he  mailed  not  less  than  five  nor  more  than 
ten  days  before  the  meeting  to  the  usual  address  of  every  trustee. 

4 Vacancies  and  elections.  Fill  any  vacancy  occurring  in  the 
office  of  any  trustee  by  electing  another  for  the  u^expired  term. 
The  office  of  any  trustee  shall  become  vacant  on  his  death,  resigna- 
tion, refusal  to  act,  removal  from  office,  expiration  of  his  term, 
or  any  other  cause  specified  in  the  charter.  If  any  trustee  shall 
fail  to  attend  three  consecutive  meetings  without  excuse 
accepted  as  satisfactory  by  the  trustees,  he  shall  be  deemed  to 
have  resigned,  and  the  vacancy  shall  be  filled.  Any 
vacancy  in  the  office  of  trustee  continuing  for  more  than  one  year, 
or  any  vacancy  reducing  the  number  of  trustees  to  less  than  two- 
thirds  of  the  full  number  may  be  filled  by  the  Eegents.  No  person 
shall  be  ineligible  as  a trustee  by  reason  of  sex. 

5 Property  holding.  Take  and  hold  by  gift,  grant,  devise 
or  bequest  in  their  own  right  or  in  trust  for  any  purpose  com- 
prised in  the  objects  of  the  corporation,  such  additional  real  and 
personal  property,  beyond  such  as  shall  be  authorized  by  their 
charter  or  by  special  or  general  statute,  as  the  Eegents  shall 
authorize  within  one  year  after  the  delivery  of  the  instrument  or 
probate  of  the  will,  giving,  granting,  devising  or  bequeathing  such 
property,  and  such  authority  given  by  the  Eegents  shall  make  any 
such  gift,  grant,  devise  or  bequest  operative  and  valid  in  law. 
Any  grant,  devise  or  bequest  shall  be  equally  valid  whether  made 
in  the  corporate  name  or  to  the  trustees  of  a corporation,  and 
powers  given  to  the  trustees  shall  be  powers  of  the  corporation. 

6 Control  of  property.  Buy,  sell,  mortgage,  let  and  otherwise 
use  and  dispose  of  its  property  as  they  shall  deem  for  the  best 
interests  of  the  institution;  and  also  to  lend  or  deposit,  or  to 
receive  as  a gift,  or  on  loan  or  deposit,  literary,  scientific  or  other 
articles,  collections,  or  property  pertaining  to  their  work;  and 
such  gifts,  loans  or  deposits  may  be  made  to  or  with  the  University 
or  any  of  its  institutions  by  any  person,  or  by  legal  vote  of  any 
board  of  trustees,  corporation,  association  or  school  district,  and 
any  such  transfer  of  property,  if  approved  by  the  Eegents,  shall 
during  its  continuance,  transfer  responsibility  therefor  to  the  in- 
stitution receiving  it,  which  shall  also  be  entitled  to  receive  any 
money,  books  or  other  property  from  the  State  or  other  sources  to 
which  said  corporation,  association  or  district  would  have  been  en- 
titled but  for  such  transfer. 


EDUCATION"  LAW 


21 


7 Officers  and  employees.  Appoint  and  fix  tlie  salaries  of 
such'  officers  and  employees  as  they  shall  deem  necessary,  who, 
unless  employed  under  special  contract,  shall  hold  their  offices 
during  the  pleasure  of  the  trustees;  but  no  trustee  shall  receive 
compensation  as  such. 

8 Removals  and  suspensions.  Remove  or  suspend  from  office 
by  vote  of  a majority  of  the  entire  board  any  trustee,  officer  or 
employee  engaged  under  special  contract,  on  examination  and  due 
proof  of  the  truth  of  a written  complaint  by  any  trustee,  of  mis- 
conduct, incapacity  or  neglect  of  duty ; provided,  that  at  least  one 
week’s  previous  notice  of  the  proposed  action  shall  have  been 
given  to  the  accused  and  to  each  trustee. 

9 Degrees  and  credentials.  Grant  such  degrees  and  honors 
as  are  specifically  authorized  by  their  charter,  and  in  testimony 
thereof  give  suitable  certificates  and  diplomas  under  their  seal; 
and  every  certificate  and  diploma  so  granted  shall  entitle  the  con- 
feree to  all  privileges  and  immunities  which  by  usage  or  statute 
are  allowed  for  similar  diplomas  of  corresponding  grade  granted 
by  any  institution  of  learning. 

10  Rules.  Make  all  by-laws  and  rules  necessary  and  proper 
for  the  purposes  of  the  institution  and  not  inconsistent  with  law 
or  any  rule  of  the  University ; but  no  rule  by  which  more  than  a 
majority  vote  shall  be  required  for  any  specified  action  by  the 
trustees  shall  be  amended,  suspended  or  repealed  by  a smaller 
vote  than  that  required  for  action  thereunder. 

§ 69  Colleges  may  construct  water-works  and 
sewer  systems.  1 Every  incorporated  college  in  this  State 
is  duly  authorized  and  empowered  to  construct  and  maintain  a 
system  of  water-works  for  the  purpose  of  supplying  its  college 
buildings  and  premises  with  pure  and  wholesome  water  for 
domestic,  sanitary  and  fire  purposes,  and  for  the  preservation  of 
the  health  of  its  students,  faculty  and  employees,  and  for  the 
preservation  of  the  public  health  of  the  town,  village  or  city  in  or 
near  which  such  college  is  located,  and  the  construction  and  main- 
tenance of  such  water-works  is  declared  to  be  a public  use.  Such 
water-works,  as  often  as  necessary,  may  be  enlarged  or  improved. 
Every  such  incorporated  college  owning  its  water-works  system 
and  having  an  adequate  supply  of  water  therefrom,  may  furnish 
water  to  persons  other  than  students,  faculty  and  employees  of 
such  college  at  and  for  a just  and  adequate  compensation,  provid- 
ing that  they  reside  within  a sewer  district  now  created  in  which 


22 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


the  premises  of  the  said  college  or  any  part  thereof  are  embraced, 
and  provided  no  municipal  or  private  public  service  corporation 
operates  or  maintains  a system  of  water-works  therein  capable  of 
supplying  water  to  such  inhabitants.  Whenever  any  such  college 
shall  extend  its  mains  along  any  streets,  avenues  or  highways  for 
the  purpose  of  supplying  water  to  such  inhabitants,  it  shall  not 
lose  its  exemption  from  taxation  by  reason  thereof,  and  shall  not 
be  deemed  to  be  exercising  a public  or  corporate  franchise  within 
the  meaning  of  the  tax  law.  [Subdivision  amended  by  L.  1913, 
ch.  If22.\ 

2 Any  such  college  shall  have  the  right  to  acquire  real  estate, 
or  any  interest  therein,  necessary  or  proper  for  such  water-works, 
and  the  right  to  lay,  relay,  repair  and  maintain  conduit  and  water 
pipes,  with  connections  and  fixtures,  on,  through,  and  over  the  lands 
of  others ; the  right  to  intercept  and  divert  the  flow  of  waters  from 
the  lands  of  riparian  owners,  and  from  persons  owning  and 
interested  in  any  waters;  and  the  right  to  prevent  the  flow  or 
drainage  of  noxious,  or  impure,  or  unwholesome  matter  from  the 
lands  of  others  into  its  reservoirs,  or  sources  of  supply.  But  no 
such  college  shall  ever  have  power  to  take  or  use  water  from  any 
of  the  lands  of  this  State,  or  any  land,  reservoir,  or  feeders,  or 
any  streams  which  have  been  taken  by  the  State  for  the  purpose 
of  supplying  the  canals  with  water.  The  consent  of  an  incor- 
porated village  or  city  must  be  obtained  to  lay  any  such  pipes 
in  or  through  its  streets,  and  such  consent  may  be  accompanied 
by  such  reasonable  conditions  or  restrictions  as  are  proper. 

3 Such  college  may  cause  such  examinations  and  surveys  for 
its  proposed  water-works  to  be  made  as  may  be  necessary  to  de- 
termine the  proper  location  thereof,  and  for  such  purpose,  by  its 
officers,  agents  and  servants,  may  enter  upon  any  lands  or  waters 
in  the  vicinity  for  the  purpose  of  making  such  examinations  and 
surveys,  subject  to  liability  for  all  damage  done.  When  surveys 
or  examinations  are  made  or  concluded,  a map  shall  be  made  of 
the  lands  or  interests  to  be  taken  or  entered  upon,  and  on  which 
the  land  or  interest  of  each  owner  or  occupant  shall  be  designated, 
and  all  streets  and  roads  in  which  it  is  proposed  to  lay  conduit 
pipes,  with  the  proposed  line  thereof,  which  map  shall  be  dated 
and  signed  by  the  engineer  making  the  same;  and  said  map  shall 
be  filed  and  kept  in  the  college  library  for  examination  and 
reference,  and  a duplicate  thereof  shall  be  filed  in  the  clerk’s 
office  in  each  county  wherein  any  of  such  lands  or  interests  pro- 


EDUCATION  LAW 


23 


posed  to  be  taken  are  located.  Such  examinations  and  surveys 
may  be  ordered  and  directed  by  the  president  or  board  of  trustees 
of  such  college.  A majority  of  the  trustees  shall*  determine  upon 
the  construction  of  such  water-works  and  the  plans  thereof,  and 
order  contracts  therefor  to  be  made  by  such  officers  of  the  college 
as  may  be  designated. 

4 If  any  such  college  shall  be  unable  to  agree  upon  such  terms 
of  purchase  of  any  such  property,  right  or  easements,  before  or 
after  plans  shall  be  determined  upon,  it  may,  after  such  plans 
have  been  adopted,  acquire  the  same  by  condemnation,  according 
to  the  provisions  of  the  condemnation  law. 

5 When  any  such  college  has  constructed  and  completed  water- 
works, as  above  provided,  it  may,  by  a majority  of  its  trustees,  de- 
termine upon  and  construct  a sewer  system ; it  may  connect  the 
same  with  the  sewer  system  of  the  village  or  city  in  or  near  which 
said  college  is  situated,  if  such  connection  is  practicable.  Exam- 
ination, surveys  and  a map  may  be  made  as  above  provided. 
Lands  and  easements  may  be  acquired  by  purchase,  as  above  pro- 
vided, and  in  case  such  acquisition  can  not  be  made  by  purchase 
then  they  may  be  acquired  by  condemnation,  according  to  the  pro- 
visions of  the  condemnation  law. 

§ 70  State  scholarships  established.  1 State  scholar- 
ships are  hereby  established  in  the  several  counties  of  the  State,  to 
be  maintained  by  the  State  and  awarded  as  provided  by  this  act. 

2 Five  such  scholarships  shall  be  awarded  each  county  an- 
nually for  each  assembly  district  therein. 

3 Each  such  scholarship  shall  entitle  the  holder  thereof  to  the 
sum  of  one  hundred  dollars  for  each  year  which  he  is  in  attend- 
ance upon  an  approved  college  in  this  State  during  a period  of 
four  years,  to  be  paid  to  or  for  the  benefit  of  such  holder  as  here- 
inafter provided,  and  out  of  a fund  which  is  hereinafter  created. 
[Added  by  L.  1913,  ch.  292.] 

§ 71  Scholarship  fund  of  The  University  of  the 
State  of  New  York.  1 The  scholarship  fund  of  The  Univer- 
sity of  the  State  of  New  York  is  hereby  created.  Such  fund  shall 
consist : 

(а)  Of  all  money  appropriated  therefor  by  the  Legislature; 

(б)  Of  all  money  and  property  hereafter  received  by  the  State, 
the  Regents  of  the  University  or  the  Commissioner  of  Education 
by  gift,  grant,  devise  or  bequest  for  the  purpose  of  providing 
funds  for  the  payment  of  such  scholarships  and  of  all  income  or 
revenue  derived  from  any  trust  created  for  such  purpose. 


24 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


2 Such  fund  shall  be  kept  separate  and  distinct  from  the  other 
State  funds  by  the  State  Treasurer,  and  payment  shall  he  made 
therefrom  to  the  persons  entitled  thereto  in  the  same  manner  as 
from  other  state  funds,  except  as  otherwise  provided  by  this  act. 

3 Whenever  any  such  gift,  grant,  devise  or  bequest  shall  have 
been  made  or  any  trust  shall  have  been  created  for  the  purpose  of 
providing  funds  for  such  scholarships,  the  incomes  or  revenues 
derived  therefrom  shall  be  applied  in  maintaining  scholarships  in 
addition  to  those  to  be  maintained  by  appropriations  made  by  the 
State  Legislature,  as  provided  herein,  and  no  part  of  such  income 
or  revenue  shall  be  applied  for  the  maintenance  of  state  scholar- 
ships hereinbefore  established  for  each  county.  Such  additional 
scholarships  shall  be  equitably  apportioned  by  the  Commissioner 
of  Education  among  the  several  counties,  unless  it  be  provided  in 
the  will,  deed  or  other  instrument  making  such  gift,  grant,  devise 
or  bequest,  or  creating  such  trust,  that  the  incomes  or  revenues 
derived  therefrom  be  applied  to  the  establishment  and  mainten- 
ance of  additional  scholarships  in  a specified  county.  [ Added 
by  L.  1913 , ch.  292.] 

§ 72  Regents  to  make  rules.  The  Regents  shall  make 
rules  governing  the  award  of  such  scholarships,  the  issuance  and 
cancellation  of  certificates  entitling  persons  to  the  benefits  thereof, 
the  use  of  such  scholarships,  by  the  persons  entitled  thereto,  and 
the  rights  and  duties  of  such  state  scholars,  and  the  colleges 
which  they  attend,  in  respect  to  such  scholarships,  and  providing 
generally  for  carrying  into  effect  the  provisions  of  this  act.  Such 
rules  shall  be  in  conformity  with  this  act  and  shall  have  the  force 
and  effect  of  a statute.  [ Added  by  L.  1913 ch.  292.] 

§ 73  List  of  candidates,  award  of  scholarships. 
1 The  Commissioner  of  Education  shall  cause  to  be  prepared  for 
each  county  of  the  State,  annually,  during  the  month  of  August, 
from  the  records  of  the  Education  Department,  a list  of  the  names 
of  all  pupils  residing  therein  who  become  entitled  to  college 
entrance  diplomas  under  Regents  rules,  during  the  preceding 
school  year.  Such  list  shall  also  show  the  average  standing  of 
the  pupils  in  the  several  subjects  on  which  each  of  such  diplomas 
was  issued. 

2 The  Commissioner  of  Education  shall  also  cause  the  names 
of  all  pupils  on  the  foregoing  lists  of  the  several  counties,  who 
are  not  appointed  to  scholarships  in  the  county  of  their  residence, 
to  be  arranged  upon  a state  list  in  the  order  of  their  merit,  as 


EDUCATION  LAW 


25 


shown  by  their  average  standings  on  the  several  comity  lists, 
from  which  unclaimed  vacant  scholarships  shall  be  filled  as  here- 
inafter provided. 

3 The  scholarships  to  which  each  county  is  entitled  shall  be 
awarded  by  the  Commissioner  of  Education  annually  in  the  month 
of  August  to  those  pupils  residing  therein  who  become  entitled  to 
college  entrance  diplomas,  under  Regent  rules,  during  the  preced- 
ing school  year  and  in  the  order  of  their  merit  as  shown  by  the 
list  prepared  as  provided  in  subdivision  1 of  this  section. 

4 In  case  a pupil  who  is  entitled  to  a scholarship  shall  fail  to 
apply  for  such  scholarship  within  thirty  days  after  being  notified 
that  he  is  entitled  thereto  or  shall  fail  to  comply  with  the  rules  of 
the  Regents  as  to  such  scholarships  and  the  same  shall  have  been 
revoked  or  canceled  on  account  thereof,  or,  if  for  any  other  rea- 
son such  scholarship  shall  become  vacant,  then  the  pupil  stand- 
ing next  highest  to  those  pupils  on  such  list  for  such  county  who 
have  received  scholarships,  shall  be  entitled  to  receive  appoint- 
ment to  such  vacant  scholarship.  A pupil  entitled  to  a college 
entrance  diploma  under  Regents  rules  who  failed  to  apply  there- 
for within  the  time  required  by  such  rules  to  entitle  him  to  a 
scholarship,  and  a pupil  whose  name  would  have  been  included 
in  the  list  of  names  of  candidates  to  be  considered  in  the  award 
of  scholarships  as  provided  herein  except  for  errors  or  inadver- 
tencies in  the  preparation  of  such  list  may  apply  to  the  Regents 
of  the  University  for  a scholarship  and  if  it  shall  appear  to  the 
satisfaction  of  the  said  Regents  that  there  was  reasonable  cause 
for  the  failure  of  such  pupil  to  apply  for  such  college  entrance 
diploma  as  required  by  Regents  rules,  or  that  an  error  or  inad- 
vertency occurred  in  the  preparation  of  the  list  of  candidates  for 
such  scholarships  and  it  shall  appear  that  except  for  such  failure, 
error  or  inadvertency  the  applicant  would  have  received  a scholar- 
ship, the  Regents  may  award  a scholarship  to  such  pupil  and  such 
scholarship  shall  be  issued  and  payments  shall  be  made  thereon 
out  of  moneys  available  therefor  in  the  same  manner  as  other 
scholarships  are  issued  and  paid.  [Amended  by  L.  1918 , ch.  257, 
in  effect  April  17,  1918. ] 

5 In  case  a scholarship  belonging  to  a county  shall  not  be 
claimed  by  a resident  of  such  county  or  if  there  be  no  resident  of 
the  county  entitled  to  appointment  to  the  vacant  scholarship  in 
such  county,  the  Commissioner  of  Education  shall  fill  such  vacancy 
by  appointing  from  the  state  list  the  person  entitled  to  such 
vacancy  as  provided  in  subdivision  2 of  this  section. 


26 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


6 The  Commissioner  of  Education  shall  cause  such  person  en- 
titled to  receive  appointment  to  a scholarship  to  he  notified  of  his 
rights  thereto  and  of  his  forfeiture  of  such  rights  by  failure  to 
make  the  application  for  such  scholarship  required  under  section 
74  of  this  act.  [ Added  by  L.  1913,  ch.  292 .] 

§ 74  Issuance  of  scholarship  certificate.  Upon  the 
application  of  a pupil  duly  notified  of  his  right  to  a scholarship, 
the  Commissioner  of  Education  shall  issue  to  such  pupil  a scholar- 
ship certificate.  Such  application  and  such  certificate  shall  be  in 
the  form  prescribed  by  the  Commissioner  of  Education  and  such 
certificate  shall  specify  the  college  for  which  it  is  valid.  Said 
Commissioner  may  also  require  such  additional  statements  and  in- 
formation to  accompany  such  application  as  he  may  deem  neces- 
sary. [ Added  by  L.  1913 , ch.  292.] 

§ 75  Effect  of  certificate;  payments  thereon.  The 
certificate  issued  as  provided  in  the  preceding  section  shall  entitle 
the  person  named  therein  to  receive  the  sum  of  one  hundred  dol- 
lars each  year  for  a period  of  four  years  to  aid  such  person  in  the 
completion  of  a college  education.  S,uch  sum  shall  be  paid  by  the 
State  Treasurer  in  two  equal  payments,  one  on  October  first  and 
the  other  on  March  first  out  of  the  scholarship  fund  of  The  Univer- 
sity of  the  State  of  Ne w York,  upon  the  warrant  of  the  Comp- 
troller issued  with  the  approval  of  the  Commissioner  of  Education. 
Such  approval  shall  be  given  upon  vouchers  or  other  evidence  show- 
ing that  the  person  named  therein  is  entitled  to  receive  the  sum 
specified,  either  directly  or  for  his  or  her  benefit.  The  rules  of  the 
Regents  may  prescribe  conditions  under  which  payments  may  be 
made  direct  to  the  college  attended  by  the  person  named  in  such 
certificate,  in  behalf  of  and  for  the  benefit  of  such  person. 
[Added  by  L.  1913 , ch.  292,  and  amended  by  L.  1913,  ch.  1^37.] 
§ 76  Revocation  of  scholarship.  If  a person  holding 
a state  scholarship  shall  fail  to  comply  with  the  rules  of  the  Regents 
in  respect  to  the  use  of  such  scholarship,  or  shall  fail  to  observe 
the  rules,  regulations  or  conditions  prescribed  or  imposed  by  such 
college  on  students  therein,  or  shall  for  any  reason  be  expelled  or 
suspended  from  such  college,  or  shall  absent  himself  therefrom 
without  leave,  the  Commissioner  of  Education  may,  upon  evidence 
of  such  fact  deemed  by  him  sufficient,  make  an  order  under  the 
seal  of  the  Education  Department  revoking  such  scholarship  and 
thereupon  such  scholarship  shall  become  vacant  and  the  person 
holding  such  scholarship  shall  not  thereafter  be  entitled  to  further 
payment  or  benefits  under  the  provisions  of  this  act  and  the 


EDUCATION  LAW 


27 


vacancy  caused  thereby  shall  be  filled  as  provided  in  section  73 
of  this  act.  [Added  by  L.  1913 , ch.  292.] 

§ 77  Limitation  as  to  number  of  scholarships; 
courses  of  study.  At  no  time  shall  there  be  more  than  twenty 
scholarships  established  and  maintained  for  each  assembly  district 
and  at  no  time  shall  there  be  more  than  three  thousand  such 
scholarships  so  established  and  maintained  for  the  entire  State  not 
including  scholarships  maintained  from  the  revenues  or  income  of 
trust  funds,  or  gifts,  devises  or  bequests  created  or  made  as  pro- 
vided in  this  act  for  the  maintenance  of  such  scholarships.  A 
person  entitled  to  such  scholarship  shall  not  be  restricted  as  to  the 
choice  of  the  college  which  he  desires  to  attend,  or  the  course  of 
study  which  he  proposes  to  pursue ; provided  that  no  such  scholar- 
ship shall  include  professional  instruction  in  law,  medicine,  den- 
tistry, veterinary  medicine  or  theology,  except  so  far  as  such  in- 
struction is  within  a regularly  prescribed  course  of  study  leading 
to  a degree  other  than  in  the  above-named  professions;  and  pro- 
vided further,  that  the  college  selected  by  the  person  entitled  to 
such  scholarship  is  situated  within  the  State  of  New  York,  and  is 
incorporated  as  a college  and  authorized  under  the  laws  of  this 
State  and  the  rules  of  the  Regents  of  the  University  to  confer 
degrees.  [Added  by  L.  1913 , ch.  292.] 

§ 78  State  scholarships  for  soldiers,  sailors  and 
marines.  Four  hundred  and  fifty  state  scholarships  are  hereby 
established  for  the  benefit  of  resident  soldiers,  sailors  and  marines 
who  shall  have  served  as  such  in  the  army,  navy  or  marine  corps 
of  the  United  States  in  the  world  war  and  been  honorably  dis- 
charged from  such  service,  and  who  shall  have  or  acquire  the 
necessary  qualifications  as  to  secondary  or  other  preparatory 
education  to  be  required  by  the  Commissioner  of  Education  under 
rules  and  regulations  to  be  established  by  him  as  hereinafter 
provided.  Each  of  such  scholarships  shall  entitle  the  holder 
thereof  to  his  tuition,  in  a sum  not  exceeding  one  hundred  dollars 
per  year,  in  any  college,  university,  normal,  technical  or  trade 
school  of  his  selection,  located  within  the  State,  such  tuition  to 
he  paid  by  the  State  together  with  an  additional  sum  of  one  hun- 
dred dollars  per  year  for  the  maintenance  of  the  holder  of  each 
of  such  scholarships  while  in  attendance  upon  instruction  under 
such  scholarship.  The  Commissioner  of  Education  shall  award 
said  scholarships  and  for  that  purpose  shall  establish  rules  and 
regulations  for  ascertaining  the  educational  qualifications  of 


28  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

persons  who  may  be  entitled  to  the  benefits  of  this  section.  The 
Commissioner  shall  hold  competitive  examinations  as  least  once  a 
a1  year  and  shall  select  the  students  to  be  certified  for  scholarships 
from  each  assembly  district.  The  Commissioner  of  Education 
shall  give  thirty  days’  notice  to  each  member  of  assembly  of  the 
date  and  place  of  the  examination  which  is  held  in  the  district  of 
such  assemblyman  or  in  the  county  in  which  the  assembly  district 
of  such  assemblyman  is  located.  A list  of  the  names  and  addresses 
of  the  persons  appointed  to  scholarships  for  each  assembly  dis- 
trict shall  be  forwarded  to  the  assemblyman  of  such  district  by  the 
Commissioner  of  Education  within  ten  days  after  such  appoint- 
ments are  made.  Hot  more  than  three  appointments  shall  he  made 
from  any  assembly  district.  In  awarding  the  scholarships  the 
Commissioner  shall  first  select  those  who  meet  the  requirements 
for  admission  to  college.  If  the  full  quota  of  scholarships  is  not 
filled  by  appointments  from  this  class,  the  remaining  number  of 
scholarships  shall  he  filled  by  appointment  of  persons  who  desire 
to  take  preparatory  courses.  The  tuition  and  maintenance  of  the 
person  holding  the  scholarship  while  pursuing  the  studies  in  such 
preparatory  courses  shall  he  paid  as  hereinbefore  provided. 
Application  for  such  scholarships  shall  he  made  on  or  before  Sep- 
tember 1,  1923.  Any  such  scholarship  may  he  revoked  by  the 
Commissioner  of  Education  for  cause.  The  preceding  sections 
of  this  article  shall  not  apply  to  scholarships  provided  for  in  this 
section,  hut  such  scholarships  shall  be  deemed  to  he  in  addition  to 
the  state  scholarships  provided  for  in  this  article.  The  authorities 
in  control  of  an  institution  to  which  a person  is  admitted  for 
instruction  under  this  section  shall  cause  the  certificate  of  appoint- 
ment of  such  person  as  a holder  of  such  scholarship  to  he  filed  with 
the  Comptroller,  and  moneys  appropriated  for  carrying  out  the 
provisions  of  this  section  shall  he  paid  by  the  State  Comptroller 
upon  the  certificate  of  the  Commissioner  of  Education  accom- 
panied by  vouchers  signed  by  the  authorities  in  control  of  the 
institution  to  which  the  money  is  to  he  paid.  [ Added  by  L.  1919 , 
ch.  606 , in  effect  May  18,  1919.  The  sum  of  $30,000  was  appro- 
priated by  the  legislature  to  carry  out  the  provisions  of  this 
section.~\ 


1 So  in  original. 


EDUCATION  DAW 


29 


ARTICLE  4 

Commissioner  of  Education 

Section  90  Commissioner  of  Education  continued 

91  How  chosen 

92  Term  of  office 

93  Salary 

94  General  powers  and  duties 

94- A Transfer  of  powers  of  State  Board  of  Charities  in  relation  to 
the  New  York  State  School  for  the  Blind  to  the  Commis- 
sioner of  Education 

95  Removal  of  school  officers;  withholding  public  money 

96  Other  powers 

97  Schools  of  union  free  school  districts  and  cities 

98  Reports  of  school  officers 

99  County  clerk  and  county  treasurers  to  forward  certain  reports 

§ 90  Commissioner  of  Education  continued.  The 

office  of  Commissioner  of  Education  is  hereby  continued. 

§ 91  How  chosen.  1 The  Commissioner  of  Education 
shall  be  elected  by  a majority  vote  of  the  Begents. 

2 Such  Commissioner  may  he  elected  without  regard  to  the 
place  of  his  residence  whether  it  be  within  or  without  the  State  of 
New  York. 

§ 92  Term  of  office.  The  Commissioner  of  Education 
shall  serve  during  the  pleasure  of  the  Board  of  Begents. 

§ 93  Salary.  The  salary  of  such  Commissioner  shall  he 
seven  thousand  five  hundred  dollars  per  annum,  payable  monthly, 
and  he  shall  also  be  paid  one  thousand  five  hundred  dollars  in  lieu 
and  in  full  for  his  traveling  and  other  expenses  which  shall  also  be 
payable  monthly. 

§ 94  General  powers  and  duties.  The  Commissioner 
of  Education  is  hereby  charged  with  the  following  powers  and 
duties : 

1 He  is  the  chief  executive  officer  of  the  state  system  of  educa- 
tion and  of  the  Board  of  Begents.  He  shall  enforce  all  general 
and  special  laws  relating  to  the  educational  system  of  the  State 
and  execute  all  educational  policies  determined  upon  by  the 
Board  of  Begents. 

2 He  shall  have  general  supervision  over  all  schools  and  insti- 
tutions which  are  subject  to  the  provisions  of  this  act,  or  of  any 
statute  relating  to  education,  and  shall  cause  the  same  to  be  ex- 
amined and  inspected,  and  shall  advise  and  guide  the  school 
officers  of  all  districts  and  cities  of  the  State  in  relation  to  their 


30 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


duties  and  the  general  management  of  the  schools  under  their 
control. 

3 He  shall  have  general  supervision  of  industrial  schools,  trade 
schools  and  schools  of  agriculture,  mechanic  arts  and  home- 
making; he  shall  prescribe  regulations  governing  the  licensing  of 
the  teachers  employed  therein;  and  he  is  hereby  authorized,  em- 
powered and  directed  to  provide  for  the  inspection  of  such  schools, 
to  take  necessary  action  to  make  effectual  the  provisions  therefor, 
and  to  advise  and  assist  boards  of  education  in  the  several  cities 
and  school  districts  in  the  establishment,  organization  and  man- 
agement of  such  schools. 

4 He  shall  also  have  general  supervision  over  the  state  normal 
schools  which  have  been,  or  which  may  hereafter  be,  established 
as  required  by  the  provisions  of  this  chapter. 

5 He  shall  be  ex  officio  a trustee  of  Cornell  University. 

6 He  shall  be  responsible  for  the  safe  keeping  and  proper  use 
of  the  Department  and  University  seal  and  of  the  books,  records 
and  other  property  in  charge  of  the  Regents,  and  for  the  proper 
administration  and  discipline  of  the  various  offices  and  divisions 
of  the  Education  Department. 

7 He  may  annul  upon  cause  shown  to  his  satisfaction  any  cer- 
tificate of  qualification  granted  to  a teacher  by  any  authority 
whatever  or  declare  any  diploma  issued  by  a state  normal  school 
ineffective  and  null  as  a qualification  to  teach  a common  school 
within  this  State,  and  he  may  reconsider  and  reverse  his  action 
in  any  such  matter. 

8 He  shall  cause  to  be  prepared  and  keep  in  his  office  records 
of  all  persons  who  have  received,  or  shall  receive,  certificates  of 
qualification  to  teach  or  diplomas  of  the  state  normal  schools,  with 
the  dates  thereof,  and  shall  note  thereon  all  annulments  of  such 
certificates  and  diplomas,  and  reversals  thereof,  with  the  dates 
and  causes  thereof,  together  with  such  other  particulars  as  he 
may  deem  expedient. 

9 He  shall  cause  to  be  prepared  suitable  registers,  blanks, 
forms  and  regulations  for  making  all  reports  and  conducting  all 
necessary  business  under  this  chapter,  and  shall  cause  the  same, 
with  such  information  and  instructions  as  he  shall  deem  conducive 
to  the  proper  organization  and  government  of  the  common  schools 
and  the  due  execution  of  their  duties  by  school  officers,  to  be  trans- 
mitted to  the  officers  and  persons  intrusted  with  the  execution  of 
the  same. 

10  He  may  administer  oaths  and  take  affidavits  concerning  any 


EDUCATION  LAW 


31 


matter  relating  to  the  duties  of  his  office  or  pertaining  in  any  way 
to  the  schools  of  the  State  or  any  part  thereof. 

11  He  is  hereby  authorized  to  furnish  by  means  of  pictorial 
or  graphic  representations,  additional  facilities  for  instruction  in 
geography,  history,  science  and  kindred  subjects,  to  the  schools, 
institutions  and  organizations  under  the  supervision  of  the  Re- 
gents. Material  collected  for  this  purpose  may,  under  Regents 
general  rules,  be  lent  for  a limited  time  to  responsible  institutions 
and  organizations  for  the  benefit  of  artisans,  mechanics  and  other 
citizens  of  the  several  communities  of  the  State.  He  may  from 
time  to  time  enter  into  contracts  necessary  for  carrying  out  this 
provision. 

11-a-  The  Commissioner  of  Education  is  also  authorized  and 
empowered  to  organize,  maintain  and  operate  training  institutes 
and  regular  courses  of  study  in  connection  with  the  state  normal 
institutions  and  in  the  cities  of  the  State  for  the  purpose  of  train- 
ing regular  public  school  teachers  and  others  in  the  best  methods 
to  be  pursued  in  giving  instruction  to  illiterates  over  sixteen  years 
of  age.  [Added  by  L.  1918 , ch.  1+12,  in  effect  May  1,  1918.] 

11-fr  The  Commissioner  of  Education  is  hereby  authorized  to 
divide  the  State  into  zones  and  to  appoint  directors  thereof, 
teachers,  and  such  other  employees  as  may  be  necessary  to  promote 
and  extend  educational  facilities  for  the  education  of  illiterates 
and  of  non-English  speaking  persons.  [Added  by  L.  1919 , ch. 
617,  in  effect  May  Ilf.,  1919.] 

11  -c  The  board  of  estimate  and  apportionment  of  a city,  the 
council  of  a city,  or  the  common  council  of  a city,  the  board  of 
supervisors  of  a county,  the  board  of  trustees  of  an  incorporated 
village,  the  town  board  of  a town,  may  make  appropriations  to  aid 
and  promote  the  extension  of  education  among  the  illiterates  and 
non-English  speaking  persons  within  the  jurisdiction  of  these 
respective  bodies.  [Added  by  L.  1919,  ch.  617,  in  effect  May 
Ilf,  1919.]  The  mm  of  $ 100,000  was  appropriated  to  the  Com- 
missioner of  Education  for  carrying  out  the  provisions  of  rnb- 
divisions  11-b  and  11-c.] 

12  He  shall  also  have  and  execute  such  further  powers  and 
duties  as  he  shall  be  charged  with  by  the  Regents. 

§ 94-a  Transfer  of  powers  of  State  Board  of 
Charities  in  relation  to  the  New  York  State  School 
for  the  Blind  to  the  Commissioner  of  Education.  All 

the  powers  of  regulation,  supervision  and  control  heretofore  ex- 
ercised by  the  State  Board  of  Charities  upon,  over  and  in  rela- 


32 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


tion  to  the  New  York  State  School  for  the  Blind  at  Batavia,  by 
virtue  of  the  state  charities  law,  are  hereby  transferred  to  and 
vested  in  the  Commissioner  of  Education  in  addition  to  his  other 
powers  and  duties,  and  the  Commissioner  of  Education  shall  here- 
after exercise  and  perform  in  relation  to  such  state  school  for  the 
blind  all  the  powers  and  duties  heretofore  exercised  and  performed 
by  the  State  Board  of  Charities  relating  to  the  regulation,  su- 
pervision and  control  of  such  school  under  the  provisions  of  the 
state  charities  law.  Nothing  herein  contained  shall  in  any  way 
deprive  the  State  Board  of  Charities  of  its  powers  of  visitation 
and  inspection  in  regard  to  said  school  for  the  blind  as  provided 
in  the  constitution  nor  affect  in  any  way  the  fiscal  control  of  said 
school  now  exercised  under  the  state  charities  law  by  the  fiscal 
supervisor  of  state  charities.  [ Added  by  L.  1919 , ch.  136 in 
effect  July  1 , 1919.~\ 

§ 95  Removal  of  school  officers;  withholding  pub- 
lic money.  1 Whenever  it  shall  he  proved  to  his  satisfaction 
that  any  trustee,  member  of  a hoard  of  education,  clerk,  collector, 
treasurer,  school  commissioner,  superintendent  of  schools  or  other 
school  officer  has  been  guilty  of  any  wilful  violation  or  neglect  of 
duty  under  this  chapter,  or  any  other  act  pertaining  to  common 
schools  or  other  educational  institution  participating  in  state 
funds,  or  wilfully  disobeying  any  decision,  order  or  regulation  of 
the  Regents  or  of  the  Commissioner  of  Education,  said  Commis- 
sioner may,  by  an  order  under  his  hand  and  seal,  which  order 
shall  be  recorded  in  his  office,  remove  such  school  officer  from  his 
office. 

2 Said  Commissioner  of  Education  may  also  withhold  from  any 
district  or  city  its  share  of  the  public  money  of  the  State  for  wil- 
fully disobeying  any  provision  of  law  or  any  decision,  order  or 
regulation  as  aforesaid. 

§ 96  Other  powers.  The  Commissioner  of  Education 
shall  also  have  power  and  it  shall  he  his  duty  to  cause  to  he  in- 
stituted such  proceedings  or  processes  as  may  be  necessary  to 
properly  enforce  and  give  effect  to  any  provision  in  this  chapter 
or  in  any  other  general  or  special  law  pertaining  to  the  school 
system  of  the  State  or  any  part  thereof  or  to  any  school  district  or 
city.  He  shall  possess  the  power  and  authority  to  likewise  enforce 
any  rule  or  direction  of  the  Regents. 

§ 97  Schools  of  union  free  school  districts  and 
cities.  The  schools  of  every  union  free  school  district  and  of 
every  city  in  all  their  departments  shall  he  subject  to  the  visita- 
tion of  the  Commissioner  of  Education.  He  is  charged  with  the 


EDUCATION  LA W 


33 


general  supervision  of  their  boards  of  education  and  their  man- 
agement and  conduct  of  all  departments  of  instruction. 

§ 98  Reports  of  school  officers.  The  officers  of  the  sev- 
eral districts  and  cities  of  the  State  and  all  other  school  officers 
shall  make  such  reports  and  in  such  form  from  time  to  time  in 
relation  to  the  schools  under  their  management  and  supervision 
as  the  Commissioner  of  Education  shall  require. 

§ 99  County  clerk  and  county  treasurers  to  for- 
ward certain  reports.  1 The  county  clerk  of  each  county 
shall,  upon  the  requisition  of  the  Commissioner  of  Education,  file 
with  such  Commissioner  any  reports  of  trustees  of  school  districts 
and  boards  of  education  or  the  abstract  of  such  reports  made  by 
school  commissioners  which  have  been  filed  in  the  office  of  such 
county  clerk  pursuant  to  the  provisions  of  the  Education  Law, 
whenever  it  is  necessary  for  the  Commissioner  of  Education  to 
obtain  information  or  data  contained  in  official  reports  which 
have  been  transmitted  to  the  Education  Department  but  which 
have  been  destroyed  by  fire  or  otherwise. 

2 The  county  treasurer  of  each  county  shall,  upon  the  requi- 
sition of  the  Commissioner  of  Education,  forward  to  said  Commis- 
sioner any  original  certificates  relating  to  the  apportionment  of 
school  moneys  which  the  Commissioner  of  Education  has  filed  in 
the  office  of  such  treasurer  whenever  it  is  necessary  to  obtain  in- 
formation on  the  apportionment  of  school  moneys  when  the  data 
relating  thereto  in  the  office  of  the  Commissioner  of  Education  has 
been  destroyed  by  fire  or  otherwise.  After  securing  such  informa- 
tion as  may  be  necessary  from  such  certificates,  the  Commissioner 
of  Education  shall  return  the  same  to  the  treasurer  of  such  county. 
[Added  15y  L.  1911 , ch.  159.~\ 

ARTICLE  5 
School  Districts 

Section  120  Existing  districts  continued 

121  Formation  of  new  district 

122  Number  and  description  of  districts 

123  Alteration  by  consent 

124  Alteration  without  consent 

125  Hearing  of  objections  to  order  for  alteration  without  consent 

126  Dissolution  or  alteration  of  joint  district 

127  Special  meeting  of  joint  district  to  act  regarding  dissolution 

128  Dissolution  by  consent  and  consequent  alteration  of  districts 

129  Dissolution,  re-formation  and  consolidation  of  districts 

130  Consolidation  of  districts  by  vote  of  qualified  electors 


34 


TILE  UNIVERSITY  OF  TILE  STATE  OF  NEW  YORK 


Section  131  Request  for  meeting  to  consolidate  districts;  notices  of  meeting 
13'2  Proceedings  at  meeting  for  consolidation;  adoption  of  resolution* 
proceedings  to  be  filed 

133  Order  creating  consolidated  district;  effect 

134  The  bonded  indebtedness  of  certain  dissolved  districts 
134-a  The  bonded  indebtedness  of  certain  dissolved  districts 

135  Continuance  of  dissolved  district  for  payment  of  debts 

136  Deposits  of  records  of  dissolved  district 

137  Property  of  districts  consolidated 

138  Sale  of  property  of  dissolved  district  and  disposition  of  proceeds 

139  Collection  and  distribution  of  moneys  due  dissolved  district 

140  Fees  of  supervisor  and  town  clerk 

141  Notice  of  meeting  for  establishment  of  union  free  school  district 

142  Posting,  publication  and  service  of  notice 

143  Notice  in  case  of  adjoining  districts 

144  Expense  of  notice 

145  Proceedings  at  meeting  and  effect  of  affirmative  vote 

146  Meeting  to  determine  regarding  reorganization  as  common 

school  district 

147  Result  of  vote  for  or  against  reorganization 

148  Reversion  to  form  of  original  school  districts 

149  School  commissioner  may  require  equality  of  partition 

150  Effect  of  veto  by  school  commissioner  regarding  subsequent 

meeting 

151  Report  of  proceedings  to  Commissioner  of  Education 

152  Distribution  of  moneys  on  dissolution 

153  School  property  exempt  from  taxation 

154  Application  of  funds  obtained  from  sale  of  school  property 


§ 120  Existing  districts  continued.  All  school  dis- 
tricts organized  either  by  special  laws  or  pursuant  to  the  pro- 
visions of  a general  law  are  hereby  continued  and  may  be  altered 
or  dissolved  as  herein  provided. 

§ 121  Formation  of  new  district.  1 A district  super- 
intendent may  organize  a new  school  district  out  of  the  territory 
of  one  or  more  school  districts  which  are  wholly  within  his  super- 
visory district,  whenever  the  educational  interests  of  the  commu- 
nity require  it.  If  there  is  an  outstanding  bonded  indebtedness 
chargeable  against  the  district  or  districts  out  of  the  territory  of 
which  such  new  district  is  organized,  the  district  superintendent 
shall  apportion  said  indebtedness  between  such  new  district  and 
the  remaining  portion  of  the  district  or  districts  out  of  which  such 
new  district  is  organized,  according  to  the  assessed  valuation 
thereof,  and  the  portion  of  the  indebtedness  so  apportioned  shall 
become  a charge  for  principal  and  interest  upon  the  respective  dis- 
tricts as  though  the  same  had  been  incurred  by  said  districts 
separately. 


EDUCATION  LAW 


35 


2 The  district  superintendents  of  two  or  more  adjoining  super- 
visory districts  when  public  interests  require  it,  may  form  a joint 
school  district  out  of  the  adjoining  portions  of  their  respective 
districts.  [ Amended  by  L.  1912 , ch..  29J+.~\ 

§ 122  Number  and  description  of  districts.  1 Each 
school  commissioner  shall  renumber  the  school  districts  of  each 
town  in  his  commissioner  district  from  time  to  time  and  shall 
also  number  each  new  district  and  shall  describe  in  metes  and 
bounds  each  of  such  school  districts. 

2 The  order  of  a school  commissioner  forming  or  numbering  a 
school  district  and  the  written  description  thereof  together  with  all 
notices,  orders,  consents  and  proceedings  relating  to  the  formation 
or  alteration  thereof  shall  be  filed  with  the  town  clerk  of  the  town 
in  which  such  district  is  located. 

3 Every  joint  district  shall  bear  the  same  number  in  every 
school  commissioner  district  of  whose  territory  it  is  in  part  com- 
posed. 

§ 123  Alteration  by  consent.  1 With  the  written 

consent  of  the  trustees  of  all  the  districts  to  be  affected  thereby, 
the  district  superintendent  may  make  an  order  altering  the 
boundaries  of  any  school  district  within  his  jurisdiction,  and  fix 
in  such  order  a day  when  the  alteration  shall  take  effect. 

2 With  the  written  consent  of  the  board  of  education  of  a 
union  free  school  district  having  a population  of  five  thousand  or 
more,  and  employing  a superintendent  of  schools,  and  the  written 
consent  of  the  board  of  education  or  trustees  of  a district  in  a 
supervisory  district  adjoining  such  union  free  school  district,  the 
district  superintendent  having  jurisdiction  may  make  an  order 
altering  the  boundaries  of  such  districts,  and  fix  in  such  order  a 
day  when  the  alteration  shall  take  effect.  [ Amended  by  L.  1914, 
ch.  154-] 

§ 124  Alteration  without  consent.  If  the  trustees  of 
any  district  affected  thereby  refuse  to  consent,  the  school  commis- 
sioner may  make  and  file  with  the  town  clerk  his  order  making 
the  alteration,  but  reciting  the  refusal,  and  directing  that  the  order 
shall  not  take  effect  until  a day  therein  to  be  named,  and  not  less 
than  three  months  after  the  date  of  such  order. 

§ 125  Hearing  of  objections  to  order  for  alter- 
ation without  consent.  1 Within  ten  days  after  making 
and  filing  such  order  the  school  commissioner  shall  give  at  least  a 
week’s  notice  in  writing  to  the  trustees  of  all  districts  affected  by 


36 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


the  proposed  alterations,  that  at  a specified  time,  and  at  a named 
place  within  the  town  in  which  one  of  the  districts  to  he  affected 
lies,  he  will  hear  the  objections  to  the  alteration. 

2 The  trustees  of  any  district  to  he  affected  by  such  order  may 
request  the  supervisor  and  town  clerk  of  each  of  the  towns,  within 
which  such  districts  shall  wholly  or  partly  lie,  to  he  associated 
with  the  school  commissioner. 

3 At  the  time  and  place  mentioned  in  the  notice,  such  commis- 
sioner, with  the  supervisors  and  town  clerks,  if  they  shall  attend 
and  act,  shall  hear  and  decide  the  matter,  and  the  decision  shall 
be  final  unless  duly  appealed  from.  Such  decision  must  either 
affirm  or  vacate  such  order,  and  must  he  filed  with  and  recorded 
by  the  town  clerk  of  the  town  in  which  the  district  to  he  affected 
shall  lie,  and  a tie  vote  shall  he  regarded  a decision  for  the  pur- 
poses of  an  appeal  on  the  merits.  Upon  such  appeal  the  Commis- 
sioner of  Education  may  affirm,  modify  or  vacate  the  order  of  the 
school  commissioner  or  the  action  of  the  local  hoard. 

§ 126  Dissolution  or  alteration  of  joint  district. 
The  majority  of  the  school  commissioners  within  whose  districts 
any  joint  school  district  lies  may  make  an  order  at  a meeting 
duly  called  by  one  of  such  commissioners  altering  or  dissolving 
such  district. 

§ 127  Special  meeting  of  joint  district  to  act  re- 
garding dissolution.  1 If  a school  commissioner,  hv 
notice  in  writing,  shall  require  the  attendance  of  the  other  school 
commissioners,  at  a joint  meeting  for  the  purpose  of  altering  or 
dissolving  a joint  district,  and  a majority  of  all  the  commissioners 
shall  refuse  or  neglect  to  attend,  such  commissioners  attending,  or 
any  one  of  them,  may  call  a special  meeting  of  such  school  district 
for  the  purpose  of  deciding  whether  such  district  shall  be  dis- 
solved. 

2 If  such  special  meeting  shall  vote  to  dissolve  the  district  the 
school  commissioner  who  called  such  meeting  may  make  an  order 
dissolving  the  district  and  shall  recite  in  such  order  the  refusal  or 
neglect  of  the  other  school  commissioners,  his  call  of  the  special 
meeting  and  the  action  taken  at  such  meeting. 

§ 128  Dissolution  by  consent  and  consequent  alter- 
ation of  districts.  1 A school  commissioner  may  dissolve 
one  or  more  common  school  districts  upon  the  written  consent  of 
the  trustees  of  all  the  districts  to  be  affected.  When  one  or  more 
of  such  districts  adjoin  a union  free  school  district  whose  limits  do 


EDUCATION  DAW 


37 


not  correspond  with  those  of  an  incorporated  village  or  city,  he 
may  annex  the  territory  of  such  dissolved  districts  to  such  union 
free  school  district. 

2 A school  commissioner  on  the  written  consent  of  the  hoards 
of  education  of  the  districts  affected  may  also  dissolve  a union 
free  school  district  when  it  adjoins  another  union  free  school  dis- 
trict and  annex  the  territory  of  such  dissolved  district  to  such 
other  union  free  school  district. 

§ 129  Dissolution,  re-formation  and  consolida- 
tion of  districts.  Any  school  commissioner  may  dissolve  one 
or  more  districts,  and  may  from  such  territory  form  a new  dis- 
trict; he  may  also  unite  such  territory  or  a portion  thereof  to 
any  adjoining  school  district,  except  a union  free  school  district 
whose  boundaries  are  coterminous  with  the  boundaries  of  an  in- 
corporated village  or  city. 

§ 130  Consolidation  of  districts  by  vote  of  quali- 
fied electors.  Two  or  more  common  school  districts  may  be 
consolidated  and  created  as  one  common  school  district,  of  1 two 
or  more  union  free  school  districts  may  be  consolidated  and 
created  as  one  union  free  school  district,  or  one  or  more  common 
school  districts  may  be  consolidated  with  one  or  more  union  free 
school  districts  and  created  as  a union  free  school  district,  by  a 
vote  of  the  qualified  electors  thereof  as  provided  in  the  following 
sections.  [ Former  § 130  repealed  by  L.  1911,  ch.  331/.;  new 
§ 130  added  by  L.  1013,  ch.  129.'] 

§ 131  Request  for  meeting  to  consolidate  dis- 
tricts; notices  of  meeting,  l Whenever  two-thirds  of  the 
qualified  electors  of  each  of  two  or  more  districts  in  which  there 
shall  be  less  than  fifteen  qualified  electors,  or  if  there  be  fifteen  or 
more  qualified  electors  in  either  of  such  districts  whenever  ten 
or  more  of  such  electors  shall  sign  a request  for  a meeting  to  be 
held  for  the  purpose  of  determining  whether  such  districts  shall 
be  consolidated  as  a common  school  district,  and  submit  the  same 
to  the  trustees  or  board  of  education  of  each  of  such  districts,  it 
shall  be  the  duty  of  such  trustees  or  board  of  education  to  give 
public  notice  that  a meeting  of  the  qualified  electors  of  such  dis- 
tricts will  be  held  at  some  convenient  place  within  such  districts, 
as  centrally  located  as  may  be,  to  vote  upon  the  question  of  consoli- 
dating such  districts.  Such  notice  shall  specify  the  day  and  hour 
when  such  meeting  shall  be  held,  not  less  than  twenty  nor  more 


1 So  in  original. 


38 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


than  thirty  days  after  the  posting,  service  or  publication  of  such 
notice.  If  the  trustees  or  board  of  education  shall  refuse  or 
neglect  to  give  such  notice  within  twenty  days  after  such  request 
is  submitted  the  Commissioner  of  Education  may  authorize  and 
direct  any  qualified  elector  of  the  district  to  give  such  notice. 

2 If  any  part  of  either  of  such  districts  is  situated  wholly 
or  partly  within  an  incorporated  village  in  which  one  or  more 
newspapers  are  published,  such  notice  shall  be  published  once  in 
each  week  for  three  consecutive  weeks  before  such  meeting  in  all 
the  newspapers  published  in  such  village,  and  shall  also  be  posted 
at  least  twenty  days  prior  to  such  meeting,  in  at  least  five  con- 
spicuous places  in  each  district.  In  all  other  districts  the  trustees 
or  board  of  education  of  each  district  shall  authorize  and  direct 
a qualified  elector  thereof  to  notify  each  qualified  elector  of  such 
district  of  such  meeting  by  delivering  to  him  a copy  of  such 
notice  or  in  case  of  his  absence  from  home,  by  leaving  a copy 
thereof,  or  so  much  thereof  as  relates  to  the  time,  place  and  object 
of  the  meeting,  at  the  place  of  his  abode,  at  least  twenty  days  prior 
to  the  time  of  such  meeting. 

3 The  reasonable  expense  of  the  publication  and  service  of  such 
notice  shall  be  chargeable  upon  the  districts,  if  the  vote  be  in 
favor  of  consolidation,  and  if  not,  shall  be  paid  by  the  persons 
signing  the  request  for  such  meeting  as  provided  by  section  144. 
[Former  § 13 1 repealed  by  L.  1911,  ch.  SSI new  % IS  1 added 
by  L.  191S,  ch.  129 , and  amended  by  L.  191J+,  ch.  101. ] 

§ 132  Proceedings  at  meeting  for  consolidation; 
adoption  of  resolution;  proceedings  to  be  filed.  Such 
meeting  shall  be  organized  as  provided  in  section  145.  Such 
meeting  may  adopt  a resolution  to  consolidate  such  districts  if 
two-thirds  of  the  qualified  electors  of  each  district  having  less 
than  fifteen  of  such  electors  are  present,  or  in  case  of  districts 
having  fifteen  or  more  qualified  electors  if  ten  or  more  are  pres- 
ent. The  vote  upon  such  resolution  shall  he  by  taking  and  record- 
ing the  ayes  and  noes.  The  clerk  shall  keep  a poll-list  upon  which 
shall  be  recorded  the  names  of  all  qualified  electors  voting  upon 
the  resolution,  the  districts  in  which  such  electors  reside,  and  how 
each  elector  voted.  If  it  shall  appear  from  the  votes  so  recorded 
that  a majority  of  the  qualified  electors  present  and  voting  from 
each  district  are  in  favor  of  such  resolution  it  shall  be  declared 
adopted.  If  a majority  of  the  qualified  electors  present  and 
voting  from  each  district  are  not  in  favor  of  such  resolution,  all 


EDUCATION  LAW 


39 


further  proceedings  at  such  meeting,  except  a motion  to  recon- 
sider or  adjourn  shall  be  dispensed  with  and  no  such  meeting 
shall  be  again  called  within  one  year  thereafter. 

Copies  of  such  request,  notice  of  meeting,  order  of  the  Com- 
missioner of  Education  directing  a qualified  elector  to  call  such 
meeting,  if  any,  and  the  minutes  of  the  meeting,  including  the 
record  of  the  vote  upon  the  resolution,  duly  certified  by  the  chair- 
man and  clerk,  shall  be  transmitted  by  either  the  chairman  or 
clerk,  one  to  the  Commissioner  of  Education,  and  one  to  the 
district  superintendent  of  schools  in  whose  jurisdiction  such  dis- 
tricts are  located.  [ Former  % 132  repealed  by  L.  1911,  ch.  33 1+; 
new  § 132  added  by  L.  1913.  ch.  129 , and  amended  by  L. 
191J+,  ch.  101.'] 

§ 133  Order  creating  consolidated  district;  effect. 

The  district  superintendent  shall  thereupon  issue  an  order  con- 
solidating such  districts  and  creating  a common  school  district,  or 
union  free  school  district,  as  the  case  may  be,  designating  such 
district  by  number.  Such  order  shall  take  effect  at  some  date  to 
be  specified  therein,  not  more  than  three  months  after  the  date  of 
the  meeting.  He  shall  file  such  order  in  the  town  clerk’s  office 
of  the  town  in  which  such  districts  are  located.  If  such  districts 
are  located  in  two  or  more  supervisory  districts  such  order  shall 
be  executed  jointly  by  the  district  superintendents  of  such  dis- 
tricts. Such  order  shall  have  the  same  effect  as  an  order  exe- 
cuted by  a district  superintendent  dissolving  two  or  more  com- 
mon school  districts  and  forming  a new  district  therefrom,  or 
dissolving  one  or  more  of  such  districts  and  uniting  the  territory 
thereof  to  a union  free  school  district.  But  a district  superintend- 
ent may,  upon  a petition  of  at  least  twenty-five  qualified  electors 
of  the  consolidated  district,  where  one  of  the  districts  consoli- 
dated is  a union  free  school  district,  or  shall,  when  directed  by 
the  Commissioner  of  Education,  direct  the  clerk  of  the  board  of 
education  of  such  union  free  school  district  to  call  a special  meet- 
ing of  the  qualified  electors  thereof,  for  the  purpose  of  increasing 
the  number  of  members  of  the  board  of  education  of  such  new 
district,  subject  to  the  limitations  prescribed  by  section  308  of 
this  chapter,  or  for  the  purpose  of  terminating  the  offices  of  the 
members  of  the  board  of  education  in  office  when  the  consolida- 
tion takes  effect.  If  it  be  determined  to  increase  the  number 
of  such  members,  such  meeting  shall  elect  the  additional  number 
so  determined  upon,  as  provided  in  such  section  308.  If  it  be 


40 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


determined  to  elect  a new  board  of  education  in  place  of  the 
board  in  office  when  the  consolidation  takes  effect,  such  meeting 
shall  proceed  with  the  election  of  a board  of  education  as  provided 
in  sections  301  and  302  of  this  chapter.  [Added  by  L.  191S, 
ch.  129.  ] 

§ 134  District  quotas  of  consolidated  districts. 

There  shall  be  apportioned  and  paid  to  the  district  created  by 
the  consolidation  of  districts  as  provided  in  sections  128,  129  and 
132  of  this  article  district  quotas  for  each  of  the  districts  consoli- 
dated in  the  same  amount  and  under  the  same  conditions  as  though 
such  consolidation  had  not  been  effected.  Such  apportionment 
shall  be  based  upon  the  assessed  valuation  of  the  taxable  prop- 
erty within  such  districts  as  they  existed  at  the  time  of  the  con- 
solidation, and  the  trustees  or  board  of  education  of  the  con- 
solidated district  shall  include  in  their  report  a statement  of  such 
assessed  valuation.  The  money  so  apportioned  and  paid  to  the 
consolidated  district  may  be  applied  to  the  payment  of  the  salaries 
of  teachers,  the  transportation  of  pupils  and  the  maintenance  of 
the  school  in  the  district.  [Former  § 131+  repealed  by  L.  1911 , 
ch.  33 A;  new  § 13 A added  by  L.  1913,  ch.  129,  and  amended  by 
L.  191b,  ch.  101. ] 

§ 134-a  The  bonded  indebtedness  of  certain  dis- 
solved districts.  Whenever  two  or  more  districts  are  dis- 
solved pursuant  to  the  provisions  of  section  128  of  this  article 
and  annexed  to  adjoining  districts  or  consolidated  as  provided 
in  section  132,  the  bonded  indebtedness  of  any  such  district  shall 
thereupon  become  a charge  upon  the  enlarged  district  formed 
by  such  annexation.  The  board  of  education  or  trustees  of  such 
district  shall  raise  by  tax  an  amount  sufficient  to  pay  any  of 
the  bonds  and  interest  thereof  of  such  district  as  the  same  shall 
become  due.  [Former  § 133  renumbered  and  amended  by  L. 
1913,  ch.  129. ] 

§ 135  Continuance  of  dissolved  districts  for  pay- 
ment of  debts.  Though  a district  be  dissolved,  it  shall  con- 
tinue to  exist  in  law,  for  the  purpose  of  providing  for  and  paying 
all  its  just  debts;  and  to  that  end  the  trustees  and  other  officers 
shall  continue  in  office,  and  the  inhabitants  may  hold  special 
meetings,  elect  officers  to  supply  vacancies  and  vote  taxes ; and 
all  other  acts  necessary  to  raise  money  and  pay  such  debts  shall 
be  done  by  the  inhabitants  and  officers  of  the  district. 

§ 136  Deposit  of  records  of  dissolved  district.  I 
The  school  commissioner,  or  a majority  of  such  commissioners 


EDUCATION  DAW 


41 


in  whose  districts  a dissolved  school  district  was  situated,  shall  by 
written  order  delivered  to  the  clerk  of  the  district,  or  to  any  per- 
son in  whose  possession  the  books,  papers  and  records  of  the  dis- 
trict, or  any  of  them,  may  be,  direct  such  clerk  or  other  person 
to  deposit  the  same  in  the  clerk’s  office  in  the  town  named  in  the 
order. 

2 Such  clerk  or  other  person,  by  neglect  or  refusal  to  obey  the 
order,  shall  forfeit  fifty  dollars,  to  be  applied  to  the  benefit  of  the 
common  schools  of  said  town. 

§ 137  Property  of  districts  consolidated.  When 
two  or  more  districts  shall  be  consolidated  into  one,  the  new  dis- 
trict shall  succeed  to  all  the  rights  of  property  possessed  by  the 
annulled  districts. 

§ 138  Sale  of  property  of  dissolved  district  and 
disposition  of  proceeds.  1 When  a district  is  divided  into 
portions,  which  are  annexed  to  other  districts,  its  property  shall 
be  sold  by  the  supervisor  of  the  town,  within  which  its  school- 
house  is  situated,  at  public  auction,  after  at  least  five  days’  notice. 

2 Such  notice  shall  be  given  by  posting  the  same  in  three  or 
more  public  places  of  the  town  in  which  the  schoolhouse  is  situ- 
ated and  in  one  conspicuous  place  in  the  district  so  dissolved. 

3 The  supervisor,  after  deducting  the  expenses  of  the  sale,  shall 
apply  its  proceeds  to  the  payment  of  the  debts  of  the  district,  and 
apportion  the  residue,  if  any,  among  the  owners  or  possessors  of 
taxable  property  in  the  district,  in  the  ratio  of  their  several  assess- 
ments on  the  last  corrected  assessment-roll  of  the  towns,  and  pay 
it  over  accordingly. 

§ 139  Collection  and  distribution  of  moneys  due 
dissolved  district.  The  supervisor  of  the  town  within 
which  the  schoolhouse  of  the  dissolved  district  was  situated  may 
demand,  sue  for  and  collect,  in  his  name  of  office,  any  money  of 
the  district  outstanding  in  the  hands  of  any  of  its  former  officers, 
or  any  other  person;  and,  after  deducting  his  costs  and  expenses, 
shall  report  the  balance  to  the  school  commissioner  who  shall  ap- 
portion the  same  equitably  among  the  districts  to  which  the  parts 
of  the  dissolved  district  were  annexed,  to  be  by  them  applied  as 
their  district  meeting  shall  determine. 

§ 140  Fees  of  supervisor  and  town  clerk.  The 
supervisor  and  town  clerk  shall  be  entitled  each,  to  one  dollar  and 
fifty  cents  a day,  for  each  day’s  service  in  any  proceeding  under 
section  one  hundred  twenty-five  of  this  article,  to  be  levied  and 
paid  as  a charge  upon  their  town. 


42 


THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 


§ 141  Notice  of  meeting  for  establishment  of 
union  free  school  district.  1 Whenever  fifteen  persons 
entitled  to  vote  at  any  meeting  of  the  inhabitants  of  any  school  dis- 
trict in  the  State,  shall  sign  a request  for  a meeting,  to  he  held  for 
the  purpose  of  determining  whether  a union  free  school  shall  be 
established  therein  in  conformity  with  the  provisions  of  this  ar- 
ticle, it  shall  be  the  duty  of  the  trustees  of  such  district,  within 
ten  days  after  such  request  shall  have  been  presented  to  them,  to 
give  public  notice  that  a meeting  of  the  inhabitants  of  such  dis- 
trict entitled  to  vote  thereat  will  be  held  for  such  purpose  as  afore- 
said, at  the  schoolhouse,  or  other  more  suitable  place  in  such  dis- 
trict, on  a day  and  at  an  hour  to  be  specified  in  such  notice  not 
less  than  twenty  nor  more  than  thirty  days  after  the  publication 
of  such  notice. 

2 If  the  trustees  shall  refuse  to  give  such  notice,  or  shall  neg- 
lect to  give  the  same  for  twenty  days,  the  Commissioner  of  Educa- 
tion may  authorize  and  direct  any  inhabitant  of  such  district  to 
give  the  same. 

§ 142  Posting,  publication  and  service  of  notice. 

1 Whenever  such  district  shall  correspond  wholly  or  in  part  with 
an  incorporated  village,  in  which  there  shall  be  published  a daily 
or  weekly  newspaper,  the  notice  required  in  section  141  shall  be 
given  by  posting  the  same  in  five  conspicuous  places  in  said  dis- 
trict, at  least  twenty  days  prior  to  such  meeting,  and  by  causing 
the  same  to  be  published  once  a week  for  three  consecutive  weeks 
before  such  meeting,  in  all  newspapers  published  in  said  district. 

2 In  other  districts  the  said  notice  shall  be  given  by  posting 
the  same  as  aforesaid,  and  in  addition  thereto,  the  trustees  of  such 
district  shall  authorize  and  require  any  taxable  inhabitant  thereof 
to  notify  every  other  qualified  voter  in  such  district  of  such  meet- 
ing by  delivering  to  him  a copy  of  such  notice  or  in  case  of  his 
absence  from  home,  by  leaving  a copy  thereof,  or  so  much  thereof 
as  relates  to  the  time,  place  and  object  of  the  meeting,  at  the  place 
of  his  abode  at  least  twenty  days  prior  to  the  time  of  such 
meeting. 

§ 143  Notice  in  case  of  adjoining  districts.  1 

Whenever  fifteen  persons,  entitled  as  aforesaid,  from  each  of  two 
or  more  adjoining  districts,  shall  unite  in  a request  for  a meeting 
of  the  inhabitants  of  such  districts,  to  determine  whether  such 
districts  shall  be  consolidated  by  the  establishment  of  a union  free 
school  therein,  it  shall  be  the  duty  of  the  trustees  of  such  districts, 


EDUCATION  LAW 


43 


or  a majority  of  them,  to  give  public  notice  of  such  meeting,  at 
some  convenient  place  within  such  districts,  and  as  central  as  may 
be,  within  the  time  and  to  be  published  and  served  in  the  manner 
set  forth  in  sections  141  and  142  of  this  article,  in  each  of  such 
districts. 

2 The  Commissioner  of  Education  may  order  such  meeting 
under  the  conditions  and  in  the  manner  prescribed  in  section  141 
of  this  article. 

§ 144  Expense  of  notice.  The  reasonable  expense  of  the 
publication  and  service  of  such  notice,  shall  be  chargeable  upon 
the  district,  in  case  a union  free  school  is  established  by  the  meet- 
ing so  convened,  to  be  levied  and  collected  by  the  trustees,  as  in 
case  of  taxes  now  levied  for  school  purposes ; but  in  the  event  that 
such  union  free  school  shall  not  be  established,  then  the  said  ex- 
pense shall  be  chargeable  upon  the  inhabitants  signing  the  request, 
jointly  and  severally,  to  be  sued  for,  if  necessary,  in  any  court  hav- 
ing jurisdiction  of  the  same. 

§ 145  Proceedings  at  meeting  and  effect  of  affirm- 
ative vote.  1 Any  such  meeting  held  pursuant  to  the  fore- 
going provisions  shall  be  organized  by  the  election  of  a chair- 
man and  clerk  and  may  be  adjourned  from  time  to  time, 
by  a majority  vote,  provided  that  such  adjournment  shall 
not  be  for  a longer  period  than  ten  days;  and  whenever  at 
any  such  meeting  duly  called  and  held  under  the  provisions 
of  sections  141  and  142  of  this  article,  at  least  fifteen  qualified 
voters  of  the  districts  shall  be  present;  or  at  such  meeting  duly 
called  and  held  under  the  provisions  of  section  143  of  this  article, 
at  least  fifteen  qualified  voters  of  each  of  the  two  or  more  adjoin- 
ing districts,  joining  in  the  request,  shall  be  present,  such  meeting 
may,  by  the  affirmative  vote  of  a majority  present  and  voting, 
adopt  a resolution  to  establish  a union  free  school  in  said  district, 
or  to  consolidate  the  two  or  more  adjoining  districts  by  establish- 
ing a union  free  school  in  said  districts  pursuant  to  the  notice 
of  said  meeting.  If  said  meeting  shall  determine  to  establish  a 
union  free  school  in  said  districts  as  aforesaid,  it  shall  be  lawful 
for  such  meeting  thereafter  to  proceed  to  the  election  of  a board 
of  education  as  provided  in  sections  301  and  302  of  this  chapter. 

2 The  school  commissioner  in  whose  district  the  union  free 
school  district  is  thus  organized  shall  designate  such  district  as 


44 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


union  free  school  district  number  ....  of  the  town  of 

and  the  said  hoard  shall  have  the  name  and  style  of  the  board  of 
education  of  (adding  the  designation  aforesaid). 

3 Copies  of  said  request,  notice  of  meeting,  order  of  the  Com- 
missioner of  Education  directing  some  inhabitant  to  call  said  meet- 
ing, if  any,  and  minutes  of  said  meeting,  duly  certified  by  the 
chairman  and  clerk  thereof,  shall  be  transmitted  and  deposited, 
immediately  after  such  meeting  by  one  of  such  officers,  one  to 
and  with  the  town  clerk,  one  to  and  with  the  school  commissioner 
in  whose  jurisdiction  said  districts  are  located,  and  one  to  and 
with  the  Commissioner  of  Education. 

4 If  at  any  such  meeting,  the  question  as  to  the  establishment 
of  a union  free  school  shall  not  be  decided  in  the  affirmative,  as 
aforesaid,  then  all  further  proceedings  at  such  meeting,  except  a 
motion  to  reconsider  or  adjourn,  shall  be  dispensed  with,  and  no 
such  meeting  shall  be  again  called  within  one  year  thereafter. 

5 When  any  such  meeting  shall  have  established  a union  free 
school  in  said  districts,  such  union  free  school  district  shall  not  be 
dissolved  within  the  period  of  one  year  from  the  first  Tuesday 
of  August  next  after  such  meeting. 

§ 146  Meeting  to  determine  regarding  reorgani- 
zation as  common  scliool  district.  In  any  union  free 
school  district  established  under  the  laws  of  this  State,  and  which 
shall  have  been  established  for  the  period  of  one  year  or  more,  it 
shall  be  the  duty  of  the  board  of  education,  upon  the  application 
of  fifteen  resident  taxpayers  of  such  district,  to  call  a special 
meeting  in  the  manner  prescribed  by  law,  for  the  purpose  of  de- 
termining whether  application  shall  be  made  in  the  manner  here- 
inafter provided,  for  the  dissolution  of  such  union  free  school 
district,  and  for  its  reorganization  as  one  or  more  common  school 
districts. 

§ 147  Result  of  vote  for  or  against  reorganization. 

1 Whenever,  at  any  such  meeting  called  and  held  as  aforesaid,  it 
shall  be  determined  by  a majority  vote  of  the  legal  voters  present 
and  voting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  not  to  dissolve  such  union  free  school  district,  no  other 
meeting  for  a similar  purpose  shall  be  held  in  said  district  within 
three  years  from  the  time  the  first  meeting  was  held. 

2 Whenever  at  any  such  meeting  called  and  held  as  aforesaid 
it  shall  be  determined  by  a two-thirds  vote  of  the  legal  voters  pres- 
ent and  voting,  to  be  ascertained  by  taking  and  recording  the  ayes 


EDUCATION  LAW 


45 


and  noes,  to  dissolve  such  union  free  school  district,  it  shall  be 
the  duty  of  the  board  of  education  to  present  to  the  school  com- 
missioner of  the  commissioner  district  in  which  said  union  free 
school  is  situated,  a certified  copy  of  the  call,  notice  and  proceed- 
ings. If  such  school  commissioner  shall  approve  the  proceedings 
of  said  meeting,  he  shall  certify  the  same  to  the  board  of  educa- 
tion. Such  approval  shall  not  take  effect  until  the  day  preceding 
the  first  Tuesday  of  August  next  succeeding;  but  after  that  date 
such  district  shall  cease  to  be  a union  free  school  district. 

§ 148  Reversion  to  form  of  original  school  dis- 
tricts. If  any  union  free  school  district  dissolved  under  the 
foregoing  provisions  shall  have  been  established  by  the  consolida- 
tion of  two  or  more  districts,  it  shall  be  lawful  for  such  school 
commissioner  to  order  that  its  territory  be  divided  into  two  or 
more  districts,  to  correspond,  so  far  as  practicable,  with  the  dis- 
tricts theretofore  consolidated. 

§ 149  School  commissioner  may  require  equality 
of  partition.  Such  school  commissioner  may  make  his  ap- 
proval of  the  proceedings  of  any  such  meeting  held  as  aforesaid 
conditional  upon  the  payment,  by  the  district  which  has  been 
most  greatly  benefited  by  the  consolidation  in  the  way  of  buildings 
and  other  improvements  to  the  other  districts  into  which  the  said 
union  free  school  district  is  divided,  of  such  sum  of  money  as  he 
may  deem  equitable. 

§ 150  Effect  of  veto  by  school  commissioner  re- 
garding subsequent  meeting.  If  such  school  commis- 
sioner shall  not  approve  the  proceedings  of  any  such  meeting,  held 
as  aforesaid,  for  the  purpose  of  dissolving  a union  free  school 
district,  no  other  meeting  shall  be  held  in  such  district,  for  a 
similar  purpose,  within  three  years  from  the  time  the  first  meet- 
ing was  held. 

§ 151  Report  of  proceedings  to  Commissioner  of 
Education.  Whenever  the  proceedings  of  a meeting,  held  as 
aforesaid,  for  the  purpose  of  dissolving  a union  free  school  dis- 
trict, shall  have  been  approved  by  such  school  commissioner  and 
shall  have  been  certified  by  him  to  the  board  of  education,  it  shall 
be  the  duty  of  the  board  of  education  of  the  district  affected  forth- 
with to  file  with  the  Commissioner  of  Education,  copies  of  the 
call,  notice,  proceedings  of  the  meeting,  and  the  action  taken  by 
such  school  commissioner  thereon. 

§ 152  Distribution  of  moneys  on  dissolution.  All 
moneys  remaining  in  the  hands  of  the  treasurer  of  the  union 


46 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


free  school  district  when  the  order  of  dissolution  shall  take  effect 
shall  be  apportioned  equitably  among  the  several  districts  into 
which  such  union  free  school  district  is  divided,  and  shall  be  paid 
over  to  the  collectors  or  treasurers  of  such  districts  when  they  shall 
have  been  elected  and  have  qualified  according  to  law. 

§ 153  School  property  exempt  from  taxation.  The 
grounds,  buildings,  furniture,  books,  apparatus  and  all  other  prop- 
erty of  a school  district  shall  not  be  subject  to  taxation  for  any 
purpose. 

§ 154  Application  of  funds  obtained  from  sale  of 
school  property.  All  moneys  obtained  from  the  sale  of  any 
school  property  authorized  under  the  provisions  of  this  chapter 
shall  be  applied  for  the  benefit  of  the  district  as  directed  by  the 
voters  thereof  in  any  annual  or  special  meeting. 

ARTICLE  6 

School  Neighborhoods 

Section  170  Setting  off  school  neighborhoods 

171  Neighborhood  meetings 

172  Duties  of  neighborhood  clerk  and  trustee 

§ 170  Setting  off  school  neighborhoods.  Each  school 
commissioner  in  respect  to  the  territory  within  his  district  shall 
have  power,  with  the  approval  of  the  Commissioner  of  Education, 
to  set  off  by  itself  any  neighborhood  adjoining  any  other  state 
of  the  union,  where  it  shall  be  found  most  convenient  for  the 
inhabitants  to  send  their  children  to  a school  in  such  adjoining 
state,  and  to  deliver  to  the  town  clerk  of  the  town  in  which  it  lies, 
in  whole  of  in  part,  a description  of  each  such  separate  neighbor- 
hood. He  shall  also  prepare  a notice,  describing  such  neighbor- 
hood, and  appointing  a time  and  place  for  the  first  neighborhood 
meeting,  and  deliver  such  notice  to  a taxable  inhabitant  of  such 
neighborhood.  It  shall  be  the  duty  of  such  inhabitant  to  notify 
every  other  inhabitant  of  the  neighborhood,  qualified  to  vote  at 
the  meeting,  by  reading  the  notice  in  his  hearing,  or,  in  case  of 
his  absence  from  home,  by  leaving  a copy  thereof,  or  so  much 
thereof  as  relates  to  the  time,  place  and  object  of  the  meeting,  at 
the  place  of  his  abode,  at  least  six  days  before  the  time  of  the 
meeting.  In  case  such  meeting  shall  not  be  held,  and  in  the 
opinion  of  the  school  commissioner  it  shall  be  necessary  to  hold 
such  meeting  before  the  time  herein  fixed  for  the  first  annual 


EDUCATION  LAW 


47 


meeting,  he  shall  deliver  another  such  notice  to  a taxable  inhab- 
itant of  the  neighborhood,  who  shall  serve  it  as  hereinbefore 
provided. 

§ 171  Neighborhood  meetings.  The  annual  meeting  of 
each  neighborhood  shall  be  held  on  the  first  Tuesday  of  August  in 
each  year,  at  the  hour  and  place  fixed  by  the  last  previous  neigh- 
borhood meeting;  or,  if  such  hour  and  place  has  not  been  so 
fixed,  then  at  the  hour  and  place  of  such  last  meeting;  or, 
if  such  place  be  no  longer  accessible,  then  at  such  other  place  as 
the  trustee,  or,  if  there  be  no  trustee,  the  clerk,  shall  in  the  notices 
designate.  The  proceedings  of  no  neighborhood  meeting,  annual 
or  special  shall  be  held  illegal  for  want  of  a due  notice  to  all  the 
persons  qualified  to  vote  thereat,  unless  it  shall  appear  that  the 
omission  to  give  such  notice  was  wilful  and  fraudulent.  The 
inhabitants  of  any  neighborhood,  entitled  to  vote,  when  assembled 
in  any  annual  meeting  or  any  special  meeting  called  by  the  com- 
missioner as  above  provided,  shall  have  power,  by  a majority  vote 
of  those  present,  to  appoint  a chairman  for  the  time  being,  and  to 
choose  a neighborhood  clerk  and  one  trustee,  and  to  fill  vacancies 
in  office.  The  provisions  of  article  7 of  this  chapter,  shall  apply 
to  and  govern  such  meeting,  so  far  as  the  same  can  in  substance 
be  applied  to  the  proceedings ; and  the  provisions  of  article  8 of  this 
chapter  shall  apply  to  and  govern  the  officers  of  such  neighborhood, 
so  far  as  the  same  can  in  substance  be  applied  thereto. 

§ 172  Duties  of  neighborhood  clerk  and  trustee. 
The  neighborhood  clerk  shall  keep  a record  of  the  proceedings 
of  his  neighborhood,  and  of  the  reports  of  the  trustees,  and  de- 
liver the  same  to  his  successor.  In  case  such  neighborhood  shall 
be  annexed  to  a district  within  this  State  its  records  shall  be  filed 
in  the  office  of  the  clerk  of  such  district.  The  trustee  shall,  be- 
tween the  twenty-fifth  day  of  July  and  the  first  day  of  August 
in  every  year,  make  his  annual  report  to  the  school  commissioner, 
and  file  it  in  the  office  of  the  clerk  of  the  town  of  which  the  neigh- 
borhood is  a part.  Such  report  shall  specify  the  whole  amount  of 
public  moneys  received  during  the  year  and  from  what  public 
officer,  and  the  manner  in  which  it  was  expended ; the  whole  num- 
ber of  such  children  as  can  be  included  in  the  district  trustees’ 
report  residing  in  the  neighborhood  on  the  thirtieth  day  of  August 
prior  to  the  making  of  such  report ; and  any  other  matters  which 
the  Commissioner  of  Education  may  require. 


48 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  6-A. 

( Article  added  by  L.  1918 , ch.  176) 

Temporary  School  Districts 

Section  175  Establishment  of  temporary  school  districts 

176  Organization  of  district;  officers 

177  Maintenance  of  schools;  teachers 

178  Payment  of  expenses;  gifts  and  contributions 

179  Regulations  of  Commissioner  of  Education 

§ 175  Establishment  of  temporary  school  districts. 

Temporary  school  districts  may  be  established  outside  of  cities  and 
union  free  school  districts  and  public  schools  shall  he  maintained 
therein  as  hereinafter  provided.  Such  districts  may  be  estab- 
lished whenever  any  considerable  number  of  persons  shall  have 
been  congregated  in  camps  or  other  places  of  temporary  habita- 
tion, who  are  engaged  in  the  construction  of  public  works  by, 
or  under  contract  with,  the  State,  or  in  the  construction  of  public 
works  or  improvements  by  or  under  contract  with  any  munici- 
pality. Such  temporary  districts  shall  be  established  by  order 
of  the  district  superintendent  of  schools  of  the  supervisory  dis- 
trict within  which  such  camps  or  other  places  of  temporary 
habitation  are  located,  subject  to  the  approval  of  the  Commis- 
sioner of  Education.  Such  order  shall  be  filed  in  the  State 
Education  Department  and  if  the  public  works  or  improvements 
are  being  constructed  by  a municipality,  a copy  thereof  shall  be 
filed  in  the  office  of  the  officer  or  board  of  the  city  under  whose 
direction  they  are  being  constructed.  When  so  established  such 
districts  shall  be  entitled  to  share  in  the  apportionment  of  public 
money  as  in  the  case  of  other  school  districts,  except  that  each 
district  quota  shall  be  one  hundred  and  twenty-five  dollars.  The 
money  so  apportioned  shall  he  paid  to  the  treasurer  of  the  dis- 
trict and  be  applied  in  the  payment  of  teachers’  salaries.  [Added 
by  L.  1913 , ch.  176.] 

§ 176  Organization  of  districts;  officers.  Each  of 
such  districts  shall  have  a trustee  who  shall  be  appointed  by  the 
district  superintendent  of  schools,  and  a district  clerk  and  treas- 
urer to  he  appointed  by  the  trustee.  Each  of  such  officers  shall 
serve  during  the  continuance  of  the  camp  or  other  place  of  tem- 
porary habitation,  unless  sooner  removed  by  the  district  superin- 
tendent. The  treasurer  shall  give  a bond  to  the  people  of  the 


EDUCATION  LAW 


49 


State,  in  an  amount  to  be  determined  by  the  district  superintend- 
ent, and  with  sureties  approved  by  him,  conditioned  for  the  proper 
disbursement  and  accounting  of  all  moneys  received  by  him  in 
behalf  of  such  district.  [ Added  by  L.  1913 , ch.  176.] 

§ 177  Maintenance  of  schools;  teachers.  Such 
schools  shall  be  under  the  supervision  of  the  district  superin- 
tendent and  shall  be  maintained  pursuant  to  regulations  adopted 
by  the  Commissioner  of  Education.  They  shall  be  free  to  all 
children  of  school  age  residing  in  such  camps  and  other  places 
of  temporary  habitation,  and  also  to  all  adults  residing  therein. 
They  shall  be  open  at  such  hours  as  may  be  prescribed  by  the 
district  superintendent,  subject  to  the  approval  of  the  Commis- 
sioner of  Education.  The  trustee  of  each  such  district  shall  em- 
ploy qualified  teachers  for  the  school  therein,  for  such  term  and  at 
such  rate  of  compensation  as  may  be  determined  upon  by  the 
district  superintendent  with  the  approval  of  the  Commissioner 
of  Education.  The  said  trustees  shall  provide  suitable  building 
or  rooms  for  such  school  and  shall  require  the  same  to  be  kept  in 
proper  condition  for  the  maintenance  thereof,  and  shall  cause 
the  same  to  be  equipped  and  supplied  with  all  necessary  books, 
furniture,  apparatus  and  appliances.  [ Added  by  L.  1913, 
ch.  176.] 

§ 178  Payment  of  expenses;  gifts  and  contribu- 
tions. The  costs  and  expenses  of  maintaining  such  schools  in 
temporary  districts,  exclusive  of  the  amount  apportioned  thereto 
out  of  the  public  moneys,  shall  be  paid  in  such  districts  where  the 
public  works  are  being  constructed  by  the  State,  out  of  moneys 
appropriated  for  such  purpose.  In  districts  where  public  works 
or  improvements  are  being  constructed  for  a municipality,  such 
costs  and  expenses  shall  be  a charge  upon  such  municipality,  and 
shall  be  paid  out  of  funds  available  for  the  payment  of  the  costs 
of  construction  of  such  works  or  improvements. 

The  trustees  of  such  district  shall  prepare  an  estimate  of  the 
amount  of  probable  expenditures  for  the  maintenance  of  the 
public  schools  in  such  district,  which  shall  include  a statement 
of  the  amount  in  the  hands  of  the  treasurer  available  for  such 
maintenance,  the  amount  received  by  such  treasurer  from  gifts, 
contributions  and  other  sources,  and  the  amount  to  be  received 
from  the  public  school  moneys,  as  herein  provided,  and  shall 
also  state  the  amount  required  to  be  raised  for  such  school, 
specifying  the  items  thereof,  for  the  ensuing  school  year.  The 


50 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


form  of  such  estimate  shall  be  prescribed  by  the  district  super- 
intendent. In  the  districts  where  the  public  works  are  being 
constructed  by  a municipality  the  said  estimate  shall  be  executed 
in  duplicate,  one  of  which  shall  be  filed  with  the  State  Education 
Department,  and  the  other  shall  be  filed  in  the  office  of  the 
department  or  officer  of  the  municipality  under  whose  super- 
vision such  public  works  are  being  constructed.  Upon  the 
approval  of  such  estimates  by  the  State  Education  Department, 
notice  thereof  shall  be  given  to  the  said  department  or  officer  of 
the  municipality,  and  payment  of  the  amount  specified  in  such 
estimate  shall  be  made  to  the  treasurer  of  such  district.  The 
treasurer  shall  preserve  vouchers  of  all  payments  made  by  him 
on  account  of  the  school  in  his  district  and  shall  make  no  pay- 
ments for  purposes  not  provided  for  in  the  estimate,  nor  without 
the  order  of  the  trustee  of  the  district  accompanied  with  the 
necessary  vouchers.  [ Added  by  L.  1913 , ch.  176.'] 

§ 179  Regulations  of  Commissioner  of  Education. 
The  Commissioner  of  Education  shall  make  regulations,  not  in- 
consistent herewith,  for  the  purpose  of  providing  for  the  estab- 
lishment and  maintenance  of  schools  as  herein  provided,  and  for 
the  purpose  of  carrying  into  effect  the  full  intent  of  this  article. 
[Added  by  L.  1913 , ch.  176.] 

ARTICLE  6-B 

( Article  added  by  L.  1914,  ch.  55) 

Central  Rural  Schools 

Section  180  Formation  of  districts 

181  Notice  of  meeting  and  expense  of  notice 

182  Trustees  at  meeting 

183  Powers  and  duties  of  boards  of  education 

184  Powers  and  limitations  of  districts 

1S5  State  aid 

186  Transportation  of  scholars 

§ ISO  Formation  of  districts.  The  Commissioner  of 
Education  is  hereby  authorized  and  empowered  to  lay  out  in  this 
State  in  any  territory  exclusive  of  a city  school  districts  conven- 
iently located  for  the  attendance  of  scholars  and  of  suitable  size 
for  the  establishment  of  central  schools  to  give  instruction  usually 
given  in  the  common  schools  and  in  high  schools,  including 
instruction  in  agriculture.  [Added  by  L.  191  If,  cli.  55.] 


EDUCATION  LAW 


51 


§ 181  Notice  of  meeting  and  expense  of  notice. 

Whenever  fifteen  persons  who  are  residents  and  taxable  inhabi- 
tants in  any  such  district  shall  unite  in  a request  for  a meeting  of 
the  inhabitants  of  such  district  to  determine  whether  such  school 
shall  be  established,  and  file  the  same  in  writing  with  the  town 
clerk  of  the  town  in  which  such  district  is  located,  or  if  located  in 
more  than  one  town,  with  the  town  clerk  of  each  town  in  which 
any  part  of  such  district  is,  it  shall  be  the  duty  of  each  town  clerk 
with  whom  such  notice  is  filed  to  post  a notice  of  such  meeting, 
not  less  than  five  or  more  than  ten  days  after  the  same  is  filed 
in  his  office,  in  three  conspicuous  places  in  the  district  if  the 
whole  thereof  be  in  his  town,  or  if  not,  in  that  part  of  the  dis- 
trict located  in  his  town.  If  the  district  be  located  in  more  than 
one  town  the  notice  shall  be  prepared  by  the  clerk  of  the  town 
containing  the  largest  portion  of  the  territory  of  the  district  and 
furnished  by  him  to  the  other  town  clerk  or  clerks  for  posting. 
If  a weekly  or  daily  newspaper  be  published  within  such  school 
district  the  notice  shall  be  published  therein  by  the  clerk  prepar- 
ing the  notice,  at  least  three  days  before  the  meeting.  All  reason- 
able expense  of  the  publication  and  service  of  such  notice  shall 
be  a town  charge  upon  the  town  or  towns  in  which  the  said  dis- 
trict, or  a part  thereof,  is  located,  unless  the  district  decides  to 
establish  a central  school  under  this  act,  in  which  case  such 
expense  shall  be  a charge  upon  the  district.  [ Added  by  L.  191  If, 
ch.  55.] 

§ 182  Trustees  at  meeting.  1 Any  such  meeting  held 

pursuant  to  such  notice  shall  be  organized  by  the  election  of  a 
chairman  and  clerk,  and  may  be  adjourned  from  time  to  time  by  a 
majority  vote,  provided  that  such  adjournment  shall  not  be  for 
a longer  period  than  ten  days ; and  whenever  at  any  such  meeting 
duly  called  and  held  under  the  provisions  of  this  act  fifteen 
qualified  voters  of  the  district  shall  be  present,  such  meeting  may, 
by  an  affirmative  vote  of  a majority  present  and  voting,  adopt  a 
resolution  to  establish  a central  school  in  said  district.  If  said 
meeting  shall  determine  to  establish  such  school  in  said  district, 
it  shall  be  lawful  for  said  meeting  thereafter  to  proceed  to  the 
election  by  ballot  of  a board  of  education  of  not  less  than  three 
nor  more  than  seven  trustees  who  shall,  by  the  order  of  said 
meeting,  be  divided  into  three  classes,  as  nearly  equal  as  may 
be,  the  first  to  hold  until  one,  the  second  until  two,  and  the  third 
until  three  years  from  the  first  Tuesday  in  August  next  following. 
Thereafter  there  shall  be  elected  in  such  districts  at  the  annual 


52 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


meeting  trustees  to  supply  the  places  of  those  whose  terms  of 
office  by  the  classification  aforesaid  expire.  The  trustees  thus 
elected  shall  enter  at  once  upon  their  offices.  The  said  trustees 
and  their  successors  in  office  shall  constitute  the  hoard  of  educa- 
tion of  such  district. 

2 The  Commissioner  of  Education  shall  designate  the  district 

thus  organized  as  central  school  district  number 

of  the  town  or  towns  of and  the  said  hoard  shall 

have  the  name  and  style  of  “ the  board  of  education  of  (adding 
the  designation  aforesaid).” 

3 Copies  of  said  requests,  notice  of  meeting  and  minutes  of 
said  meeting  duly  certified  by  the  chairman  and  clerk  thereof 
shall  he  transcribed  and  deposit  made  after  such  meeting  by  one 
of  said  officers,  one  to  and  with  the  town  clerk  of  each  town  in 
which  any  part  of  said  district  is  located,  one  to  and  with  the 
school  superintendent  in  whose  jurisdiction  the  district  or  any 
part  thereof  is  located,  and  one  to  and  with  the  Commissioner  of 
Education. 

4 If  at  any  such  meeting  the  question  as  to  the  establishment 
of  a central  school  shall  not  be  decided  in  the  affirmative  as 
aforesaid,  then  all  further  proceedings  at  such  meeting,  except  a 
motion  to  reconsider  the  question,  shall  be  dispensed  with,  and  no 
s,uch  meeting  shall  he  again  called  within  one  year  thereafter. 

5 If  any  town  clerk  fail  to  perform  any  duty  devolving  upon 
him  under  this  act  the  same  may  be  performed  by  the  Commis- 
sioner of  Education.  [ Added  by  L.  19  Ilf,  ch.  55.] 

§ 183  Powers  an  dduties  of  boards  of  education. 
Boards  of  education  in  any  such  district  shall  have  the  same  powers 
and  duties  as  boards  of  education  in  union  free  school  districts  as 
prescribed  by  this  act.  Nothing  in  this  act  shall  be  construed  to 
deprive  any  existing  school  district  of  the  property  belonging  to 
such  district,  or  to  affect  the  indebtedness  of  said  district. 
[Added  by  L.  191  If,  ch.  55.] 

§ 184  Powers  and  limitations  of  district.  Any 

central  district  thus  established  shall  have  the  same  powers  and  he 
subject  to  the  same  limitations  that  are  now  conferred  or  imposed 
by  law  upon  union  free  school  districts  as  provided  by  this  act. 
[Added  by  L.  19 Ilf,  ch.  55.] 

§ 185  State  aid.  Any  district  organized  under  the  pro- 
visions of  this  act  shall  from  the  time  of  its  organization  receive 
from  the  State  the  amount  of  money  on  the  basis  of  attendance 


EDUCATION  LAW 


53 


paid  to  the  common  school  districts  included  therein  during  the 
year  preceding  its  organization,  at  the  rate  that  the  said  districts 
were  then  entitled  to  receive  moneys  pursuant  to  law.  If  a com- 
mon school  district  be  divided  in  the  formation  of  a central  district 
the  moneys  of  such  common  school  district  shall  be  apportioned 
by  the  Commissioner  of  Education,  and  the  share  thereof  appor- 
tioned to  that  part  of  the  common  school  district  included  in  the 
central  district  shall  be  paid  to  the  central  district.  Whenever 
any  such  district  shall  comply  with  the  requirements  of  section 
G04  of  the  Education  Law  in  relation  to  the  establishment  of  gen- 
eral schools  of  agriculture  and  home  making,  the  Commissioner 
of  Education  shall  make  the  same  annual  apportionment  of  state 
school  moneys  to  such  central  school  as  is  now  required  to  be 
made  by  law  to  a high  school  or  union  free  school  district  com- 
plying therewith.  Any  such  central  district  shall  also  receive 
all  other  allowances  of  public  moneys  apportioned  by  the  State 
which  it  would  be  entitled  to  receive  if  it  were  a union  free  school 
district.  [ Added  by  L . 191 1+,  ch.  55.] 

§ 186  Transportation  of  scholars.  The  Commissioner 
of  Education  shall  have  power  in  any  such  central  district  to  re- 
quire the  payment  by  the  district  of  such  expense  of  transportation 
of  school  children  to  and  from  the  school  as  in  his  judgment  jus- 
tice requires,  and  the  same  shall  be  a charge  upon  the  district. 
[Added  by  L.  19 U,  ch.  55.] 

ARTICLE  6-C 

(Art.  6-C,  added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917) 

Central  High  School  Districts 

Section  187  Formation  of  central  high  school  district 

188  Request  for  meeting  to  vote  on  establishment  of  district; 

notice  of  meeting 

189  Expense  of  notice 
189-or.  Conduct  of  meeting 

189-6  Proceedings  to  be  submitted  to  Commissioner  of  Education; 
order  establishing  district 

189-c  Number  and  election  of  members  of  board  of  education 
189-d  Location  of  high  school  site 
189-e  Acquisition  of  site  and  erection  of  building 
189-/  Issue  and  sale  of  bonds 

lS9-<?  Powers  of  board  of  education;  laws  applicable 
189-7&  District  meetings;  vote  upon  school  taxes 
189-i  Apportionment  of  expenses 

189-/  District  treasurer;  custody  and  disbursement  of  funds 
189-fc  State  aid 

189-1  Transportation  of  pupils 


54 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 187  Formation  of  central  high  school  district. 

Two  or  more  adjoining  school  districts  may  he  formed  into  a 
central  high  school  district  in  the  manner  provided  in  this  article, 
for  the  purpose  of  erecting,  establishing  and  maintaining  therein 
a high  school  for  the  secondary  education  of  the  pupils  residing  in 
such  district  who  have  completed  the  work  of  the  elementary 
grades  in  the  several  school  districts  included  in  such  central  high 
school  district.  [ Added  by  L.  1917,  ch.  137,  in  effect  April  5, 
1917.] 

§ 188  Request  for  meeting  to  vote  on  establisli- 
rnent  of  district ; notice  of  meeting,,  1 Whenever  fifteen 
qualified  electors  of  each  of  the  districts  proposing  to  establish 
such  central  high  school  district  shall  sign  a request  in  writing 
for  a meeting  of  the  qualified  electors  of  such  districts,  to  he  held 
for  the  purpose  of  determining  whether  a central  high  school  dis- 
trict be  established  in  conformity  with  the  provisions  of  this 
article,  it  shall  be  the  duty  of  the  hoard  of  education  of  each 
union  free  school  district  and  of  the  trustees  of  each  common 
school  district  to  give  public  notice  that  a meeting  of  the  qualified 
electors  of  such  districts  will  he  held  at  a time  and  place  to  be 
specified  therein.  Such  place  shall  be  conveniently  accessible  to 
the  qualified  electors  of  such  districts  and  the  notice  shall  specify 
the  day  and  hour  of  the  meeting,  which  shall  he  not  less  than 
twenty  nor  more  than  thirty  days  after  the  publication  of  such 
notice.  If  the  board  of  education  and  trustees  of  such  districts 
refuse  or  fail  to  give  such  notice  within  twenty  days  after  such 
request  shall  have  been  presented  to  them,  the  Commissioner  of 
Education  may  by  order  authorize  and  direct  an  inhabitant  of  any 
such  districts  to  give  such  notice. 

2 Such  notice  shall  he  published  once  a week  for  three  con- 
secutive weeks  before  the  meeting  in  all  the  newspapers  published 
in  any  of  the  districts  proposed  to  he  established  as  a central  high 
school  district.  In  addition  to  such  publication,  such  notice  shall 
be  posted  in  five  conspicuous  places  in  each  of  such  districts  at 
least  twenty  days  prior  to  the  meeting.  If  there  are  no  news- 
papers published  in  any  of  such  districts,  such  notice  shall  be 
posted  in  at  least  ten  conspicuous  places  in  each  of  such  districts 
at  least  twenty  days  prior  to  the  day  of  the  meeting.  [Added 
by  L.  1917 , ch.  137,  in  effect  April  5,  191 7.] 

§ 189  Expense  of  notice.  The  reasonable  expense  of 
the  publication  and  service  of  such  notice,  together  with  the 
expenses  actually  incurred  in  the  holding  of  such  meeting,  shall 


EDUCATION  LAW 


55 


be  chargeable  against  the  central  high  school  district,  if  it  be 
established,  and  shall  be  levied  and  collected  by  the  board  of 
education  of  such  district,  in  the  same  manner  as  are  other 
expenses  chargeable  against  such  district  for  the  establishment 
and  maintenance  of  a high  school  therein.  In  the  event  that  such 
central  high  school  district  is  not  established,  such  expenses  shall 
be  chargeable  upon  the  qualified  electors  signing  the  request, 
jointly  and  severally,  to  be  sued  for  if  necessary  in  any  court 
having  jurisdiction  of  the  same.  [Added  by  L.  1917 , ch . 137 , 
in  effect  April  5 , 1917.'] 

§ 189-a  Conduct  of  meeting.  Such  meeting  shall  be 
organized  by  the  election  of  a chairman  and  a clerk,  and  may  be 
adjourned  from  time  to  time  by  a majority  vote,  provided  that 
such  adjournment  shall  not  be  for  a longer  period  than  ten  days. 
If  there  are  at  least  fifteen  qualified  electors  present  from  each 
of  the  districts  proposing  to  establish  such  central  high  school 
district,  such  meeting  may  by  the  affirmative  vote  of  a majority 
of  those  present  and  voting  from  each  of  such  districts  adopt  a 
resolution  to  establish  a central  high  school  district  comprising 
the  districts  voting  in  favor  thereof.  If  when  such  resolution  is 
presented  a majority  of  the  qualified  electors  present  from  one 
or  more  of  such  districts  is  opposed  to  the  establishment  of  such 
central  high  school  district,  and  a majority  of  the  qualified 
electors  present  and  voting  from  each  of  the  other  districts  is  in 
favor  of  such  resolution,  the  qualified  electors  present  and  voting 
from  the  districts  in  favor  of  the  establishment  of  such  district 
may  adopt  a resolution  for  the  establishment  of  a central  high 
school  district  comprising  the  districts  voting  in  favor  of  such 
resolution. 

The  resolutions  so  submitted  shall  be  voted  upon  by  taking  and 
recording  the  ayes  and  noes.  The  clerk  of  the  board  shall  keep 
a poll  list  containing  the  names  of  the  qualified  electors  present 
from  each  of  the  districts  and  indicating  how  each  of  such  electors 
voted  upon  such  resolutions.  [ Added  by  L.  1917 , ch.  137 , in 
effect  April  5 , 191 7.] 

§ 189-b  Proceedings  to  be  submitted  to  Commis- 
sioner of  Education;  order  establishing  district.  A 

copy  of  the  request  of  the  qualified  electors  for  the  meeting  to 
establish  such  central  high  school  district,  the  notice  of  the  meet- 
ing and  the  minutes  of  the  proceedings  thereof,  including  the 
resolutions  adopted  by  the  electors  present  thereat,  shall  be  certi- 


56 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


fled  by  the  chairman  and  clerk  of  the  meeting  and  shall  he  sub- 
mitted to  the  Commissioner  of  Education.  The  Commissioner 
shall,  upon  such  notice  and  after  such  hearing  as  he  may  deem 
proper,  consider  the  papers  submitted  to  him  in  respect  to  the 
establishment  of  such  district  and  ascertain  as  to  the  advisability 
of  establishing  such  district.  If  he  deems  it  for  the  educational 
interests  of  the  districts  affected  that  such  central  high  school 
district  shall  be  established,  he  shall  issue  an  order  under  the 
seal  of  the  Department,  directing  that  the  said  districts  be  estab- 
lished as  a central  high  school  district.  The  original  order  shall 
be  filed  in  the  office  of  the  Commissioner,  and  copies  thereof  shall 
be  filed  in  the  offices  of  the  district  clerks  of  the  districts  com- 
prising such  central  high  school  district,  and  also  in  the  offices 
of  the  town  clerks  of  the  town  in  which  such  districts  or  any  parts 
thereof  are  situated.  Such  district  shall  be  established  as  a 
central  high  school  district  upon  the  execution  of  such  order. 
[Added  by  L.  1917 , ch.  137.  in  effect  April  5,  1917.] 

§ 189-c  Number  and  election  of  members  of  board 
of  education.  The  order  of  the  Commissioner  of  Education 
establishing  such  central  high  school  district  shall  specify  the 
number  of  members  to  constitute  the  board  of  education  of  such 
district  and  the  number  of  members  representing  each  of  the  dis- 
tricts included  in  such  district.  The  number  of  such  members 
shall  be  not  less  than  five.  There  shall  be  at  least  one  member 
of  such  board  from  each  common  school  district  and  at  least  two 
from  each  union  free  school  district.  The  board  of  education 
of  each  union  free  school  district  in  such  central  high  school 
district  shall  appoint  the  number  of  persons  so  designated  by  the 
Commissioner  to  represent  such  district  as  members  of  the  board 
of  education  thereof.  In  each  common  school  district  having  a 
sole  trustee,  such  trustee  shall  represent  such  district  as  a member 
of  the  board  of  education  of  such  central  high  school  district. 
If  a common  school  district  have  three  trustees,  such  board  of 
trustees  shall  designate  one  of  its  members  to  represent  such  dis- 
trict as  a member  of  such  board  of  education.  The  persons  so 
designated  shall  be  members  of  the  board  of  education  of  the 
central  high  school  district  during  their  terms  of  office  as  mem- 
bers of  the  board  of  education  or  as  trustees  of  the  districts  re- 
spectively represented  by  them.  Whenever  a vacancy  shall  occur 
in  the  office  of  a member  of  the  board  of  education  of  such 
central  high  school  district,  it  shall  be  filled  as  above  provided. 
[Added  by  L.  1917 , ch.  137 , in  effect  April  5 , 1917.] 


EDUCATION  LAW 


57 


§ 189-d  Location  of  high  school  site.  The  board  of 
education  of  such  central  high  school  district  shall  designate  the 
site  of  the  central  high  school  in  such  district  by  resolution  con- 
taining a description  thereof  by  metes  and  hounds.  If  such  board 
of  education  is  unable  to  agree  as  to  the  selection  of  a site  for  such 
high  school  building,  or  shall  for  any  reason  neglect  or  refuse  to 
designate  such  site,  the  Commissioner  of  Education  may  upon  sub- 
mission of  the  question  to  him,  after  a hearing  and  due  investiga- 
tion, issue  an  order  determining  the  location  of  the  site  of  such 
building.  [ Added  by  L.  1917 , ch.  137,  in  effect  April  5,  1917.~\ 

§ 189-e  Acquisition  of  site  and  erection  of  build- 
ing. The  board  of  education  of  a central  high  school  district 
shall,  when  the  site  of  the  said  high  school  building  shall  have 
been  designated  as  provided  herein,  submit  to  the  qualified 
electors  of  such  district  a proposition  authorizing  the  levy  and 
collection  of  a tax,  in  one  sum  or  by  installments,  sufficient  in 
amount  for  the  purchase  or  acquisition  of  such  site. 

The  said  board  of  education  shall  also  submit  to  the  qualified 
electors  of  the  said  central  high  school  district  a proposition 
authorizing  the  levy  and  collection  of  a tax  in  installments,  for 
the  erection  on  such  site  of  a new  building  suitable  for  high  school 
purposes  and  for  the  construction  of  such  improvements  or  struc- 
tures on  such  site  as  may  be  required  for  the  establishment  and 
maintenance  of  a high  school  in  such  district. 

Such  propositions  shall  be  voted  upon  by  the  qualified  electors 
of  the  district  at  a meeting  called  by  the  board  of  education  of 
such  central  high  school  district,  and  for  the  purpose  of  voting 
upon  such  propositions  the  said  district  shall  be  deemed  to  he  a 
school  district  and  the  provisions  of  this  chapter  relative  to  dis- 
trict meetings  and  the  adoption  of  propositions  authorizing  the 
levy  of  school  taxes  shall  apply  to  meetings  held  in  such 
central  high  school  district  for  the  purposes  herein  specified. 
[Added  by  L.  1917,  ch.  137 , in  effect  April  5,  191 7.] 

§ 189-f  Issue  and  sale  of  bonds.  The  board  of  educa- 
tion of  such  central  high  school  district  may,  when  a tax  shall 
have  been  voted  at  a meeting  of  the  qualified  electors  thereof,  to 
be  collected  in  installments,  for  the  purpose  of  purchasing  or 
acquiring  a schoolhouse  site  or  for  erecting  a school  building  or 
for  the  construction  of  improvements  or  structures  on  such  site, 
as  provided  in  the  preceding  section,  borrow  so  much  of  the  sum 
voted  as  may  be  necessary,  at  a rate  not  exceeding  six  per  centum, 


58 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


and  issue  bonds  or  other  evidences  of  indebtedness  therefor,  which 
shall  be  a charge  upon  the  district  and  be  paid  at  maturity, 
and  which  shall  not  be  sold  below  par.  Such  bonds  shall  be 
sold  in  the  manner  provided  by  section  480  of  this  chapter. 
[ Added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 

§ 189 ”3  Powers  of  board  of  education;  laws  appli- 
cable. The  board  of  education  of  such  central  high  school  dis- 
trict shall  have  the  same  powers  and  duties  in  respect  to  the  school 
therein  as  a board  of  education  of  a union  free  school  district 
has,  under  this  chapter,  in  respect  to  the  schools  in  such  district. 
Except  as  otherwise  provided  in  this  article,  the  provisions  of 
this  chapter  as  to  the  courses  of  study,  the  qualifications  and 
employment  of  teachers  and  the  maintenance,  conduct  and  super- 
vision of  public  schools  in  union  free  school  districts  shall  apply 
to  a central  high  school  in  a central  high  school  district  estab- 
lished as  herein  provided.  [Added,  by  L.  1917,  ch.  137 , in  effect 
April  5,  1917.] 

§ 189-b  District  meetings;  vote  upon  school  taxes. 

The  annual  meeting  of  a central  high  school  district  shall  be  held 
on  the  first  Tuesday  in  June.  Special  meetings  may  be  called 
in  the  same  manner  and  for  the  same  purposes  as  special  meetings 
in  union  free  school  districts.  Such  meetings  shall  be  held  for 
the  same  purposes  and  in  the  same  manner,  and  be  subject  to  the 
same  provisions  of  law,  as  like  meetings  in  union  free  school  dis- 
tricts, and  all  persons  who  are  qualified  electors  of  the  school 
districts  included  in  such  central  high  school  district  may  vote 
at  such  meetings. 

The  board  of  education  of  such  district  shall  present  at  the 
annual  meeting  a detailed  statement  in  writing  of  the  estimated 
expenditures  required  for  the  support  and  maintenance  of  the 
central  high  school  therein  for  the  ensuing  year.  The  said  meet- 
ing shall  vote  the  necessary  taxes  to  meet  such  expenditures,  in 
the  same  manner  as  taxes  are  voted  at  a district  meeting  in  a 
union  free  school  district.  The  provisions  of  sections  322  to  326, 
inclusive  of  this  chapter,  and  all  other  provisions  relative  to  the 
making  of  appropriations,  the  voting  of  taxes,  and  the  expenditure 
of  moneys  for  the  support,  maintenance  and  expenses  of  public 
schools  in  union  free  school  districts,  shall  apply  to  the  support, 
maintenance  and  expenses  of  a central  high  school  in  a central 
high  school  district  established  as  provided  in  this  chapter. 
[Added  by  L.  1917,  ch.  137,  in  effect  April  5,  1917.] 


EDUCATION  LAW 


59 


§ 189-i  Apportionment  of  expenses.  The  board  of 
education  of  such  central  high  school  district  shall  cause  to  he 
apportioned  among  the  school  districts  included  in  such  district 
the  amount  required  for  the  payment  of  the  principal  and  interest 
of  all  bonds  issued  and  sold  as  provided  in  this  article  for  the 
purchase  or  acquisition  of  a schoolhouse  site,  the  erection  thereon 
of  a new  school  building  and  the  construction  of  improvements 
and  other  structures  on  such  site,  and  for  the  payment  of  the 
authorized  expenditures  for  the  maintenance,  support  and 
expenses  of  such  high  school  during  the  ensuing  school  year. 
There  shall  be  apportioned  to  each  such  district  such  portion  of 
such  amount  as  the  assessed  valuation  of  the  taxable  property  in 
such  district  bears  to  the  total  assessed  valuation  of  all  the  school 
districts  included  in  such  central  high  school  district.  The  board 
of  education  of  such  central  high  school  district  shall  on  or  before 
August  first  of  each  year  present  to  the  board  of  education  of  each 
union  free  school  district  and  to  the  trustee  or  board  of  trustees 
of  each  common  school  district  in  such  central  high  school  district 
a certified  statement  of  the  portion  of  such  amount  to  be  paid 
by  each  of  such  districts,  and  the  said  boards  of  education,  boards 
of  trustees  or  trustees  shall  cause  the  same  to  be  raised  by  tax 
on  the  taxable  property  in  such  districts,  in  the  same  manner  as 
other  taxes  for  the  support  and  maintenance  of  the  schools  therein. 
The  board  of  education  of  a central  high  school  district  in  the 
county  of  Westchester  shall  present  such  certified  statements  to 
the  board  of  education  of  each  union  free  school  district  and  to 
the  trustees  or  board  of  trustees  of  each  common  school  district 
in  such  central  high  school  district  on  or  before  the  third  Tuesday 
in  June  each  year  and  such  boards  of  education,  boards  of 
trustees  or  trustees  shall  include  such  amount  in  the  annual 
school  taxes  for  such  districts  and  certify  the  same  to  the  super- 
visor of  the  town  before  July  first  each  year  as  provided  in  the 
laws  applicable  to  such  county.  [Added  by  L.  1917,  ch.  137, 
in  effect  April  5,  191 7.] 

§ 189-j  District  treasurer  and  clerk;  custody  and 

disbursement  of  funds.  The  board  of  education  of  such 
district  shall  appoint  a treasurer,  who  shall  hold  office  during  the 
pleasure  of  the  board  and  shall  be  subject  to  the  provisions  of 
this  chapter  relative  to  the  treasurer  of  a union  free  school  dis- 
trict. The  amount  raised  by  tax  in  the  several  districts  included 
within  the  central  high  school  district  for  the  support  and  main- 
tenance of  such  central  high  school,  as  provided  in  this  section, 


60 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


shall  be  paid  to  the  treasurer  of  such  central  high  school  district 
and  shall  be  paid  out  by  him  upon  the  orders  of  the  board  of 
education  issued  and  executed  in  pursuance  of  a resolution  of 
said  board.  The  provisions  of  this  chapter  relative  to  the  pay- 
ment of  claims  against  a union  free  school  district  shall  apply, 
so  far  as  practicable,  to  the  payment  of  claims  against  a central 
high  school  district  established  as  provided  in  this  article.  The 
board  of  education  of  such  district  may  appoint  one  of  its  mem- 
bers or  a qualified  elector  of  such  district  as  clerk  of  the  district. 
[Added  by  L.  1917 , ch.  137 , in  effect  April  5,  1917.] 

§ 189-k  State  aid.  Public  moneys  shall  be  apportioned 
to  such  central  high  school  district  on  account  of  the  central  high 
school  maintained  therein,  in  the  same  amount  and  under  the 
same  conditions  as  in  the  case  of  apportionments  to  union  free 
school  districts  on  account  of  secondary  instruction  given  in  the 
public  schools  of  such  districts,  under  the  provisions  of  this  chapter. 
[ Added  by  L.  1917 , ch.  137,  in  effect  April  5,  1917.] 

§ 189-1  Transportation  of  pupils.  The  board  of 
education  of  such  central  high  school  district  may  cause  trans- 
portation to  be  furnished  to  the  pupils  of  the  districts  entitled  to 
attend  such  central  high  school  who  reside  so  remote  from  such 
schools  that  they  will  be  deprived  of  the  privilege  of  attendance 
thereat  unless  such  transportation  is  furnished.  The  cost  of  such 
transportation  shall  be  a charge  against  such  central  high  school 
district  and  shall  be  raised  by  tax  without  a vote  of  the  district 
and  be  paid  in  the  same  manner  as  other  expenditures  for  the 
support  and  maintenance  of  such  central  high  school.  The  Com- 
missioner of  Education  may,  upon  sufficient  notice  to  such  board 
of  education  and  after  an  opportunity  to  such  board  to  be  heard 
in  its  defense,  issue  an  order  directing  such  board  to  provide  such 
transportation.  [Added  by  L.  1917,  ch.  137,  in  effect  April  5} 
1917.] 


ARTICLE  7 
District  Meetings 

Section  190  Notice  of  first  meeting  of  district 

191  Service  of  notice  of  first  meeting  of  district 

192  Second  notice  of  first  meeting  of  district 

193  Notice  of  annual  meeting 

194  Time  and  place  of  annual  meeting 

195  Annual  meetings  of  districts  reformed  after  dissolution 

196  Special  meeting  to  transact  business  of  annual  meeting 

197  Special  meetings  in  common  school  districts 


EDUCATION  LAW 


61 


198  Special  meetings  in  union  free  school  district1 

199  Call  of  special  district  meeting  by  school  commissioner 

200  Effect  of  want  of  due  notice  of  district  meetings 

201  Penalty  for  failure  to  serve  notice 

202  Duty  to  attend  district  meetings 

203  Qualifications  of  voters  at  district  meetings 

204  Declaration  in  case  of  challenge  of  voter 

205  Penalty  for  false  declaration  or  unauthorized  vote 

206  Powers  of  voters 

207  Vote  on  proposition  to  expend  money 

§ 190  Notice  of  first  meeting  of  district.  When- 
ever any  school  district  shall  be  formed,  or  two  or  more  common 
school  districts  are  consolidated  as  provided  in  section  132  the 
district  superintendent  of  schools,  or  any  one  or  more  of  such 
district  superintendents  within  whose  districts  it  may  he,  shall 
prepare  a notice  describing  such  district,  and  appointing  a time 
and  place  for  the  first  district  meeting,  and  deliver  such  notice 
to  a taxable  inhabitant  of  the  district.  [Amended  by  L.  1913 , 
ch.  129.] 

§ 191  Service  of  notice  of  first  meeting  of  district. 

It  shall  be  the  duty  of  such  inhabitant  to  notify  every  other  in- 
habitant of  the  district  qualified  to  vote  at  the  meeting,  by 
delivering  to  him  a copy  of  the  notice  of  such  meeting,  or  in  case 
of  his  absence  from  home,  by  leaving  a copy  thereof,  or  so  much 
thereof  as  relates  to  the  time,  place  and  object  of  the  meeting,  at 
the  place  of  his  abode,  at  least  six  days  before  the  time  of  the 
meeting. 

§ 192  Second  notice  of  first  meeting  of  district. 

In  case  such  meeting  shall  not  be  held,  and  in  the  opinion  of  the 
school  commissioner  it  shall  be  necessary  to  hold  such  meeting, 
before  the  time  herein  fixed  for  the  first  annual  meeting,  he  shall 
deliver  another  such  notice  to  a taxable  inhabitant  of  the  district, 
who  shall  serve  it  as  provided  in  section  191. 

§ 193  Notice  of  annual  meeting.  1 The  district  clerk 
of  each  common  school  district  shall  give  notice  of  the  time  and 
place  of  the  annual  meeting  by  posting  five  notices  of  such  meet- 
ing in  five  conspicuous  places  in  the  district  five  days  previous  to 
the  date  of  such  meeting.  One  of  such  notices  must  be  posted 
on  the  front  door  of  the  schoolhouse. 

2 The  clerk  of  each  union  free  school  district  shall  give  notice 
of  the  time  and  place  of  the  annual  meeting  by  publishing  a notice 
once  in  each  week  within  the  four  weeks  next  preceding  such 


1 So  in  original. 


62 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


district  meeting,  in  two  newspapers  if  there  shall  he  two,  or  in 
one  newspaper  if  there  shall  be  hut  one,  published  in  such  district. 
But  if  no  newspaper  shall  then  he  published  therein,  the  said 
notice  shall  he  posted  in  at  least  twenty  of  the  most  public  places 
in  said  district  twenty  days  before  the  time  of  such  meeting. 

[ Subdivision  2 amended  by  L.  1915 , ch.  1715] 

§ 194  Time  and  place  of  annual  meeting.  The 
annual  meeting  of  each  school  district  shall  be  held  on  the  first 
Tuesday  of  May  in  each  year,  and,  unless  the  hour  and  place 
thereof  shall  have  been  fixed  by  a vote  of  a previous  district  meet- 
ing, the  same  shall  he  held  in  the  schoolhouse  at  seven-thirty 
o’clock  in  the  evening.  If  a district  possesses  more  than  one 
schoolhouse,  it  shall  be  held  in  the  one  usually  employed  for  that 
purpose,  unless  the  trustees  designate  another.  If  the  district 
possesses  no  schoolhouse,  or  if  the  schoolhouse  shall  not  be  acces- 
sible, then  the  annual  meeting  shall  he  held  at  such  place  as  a 
trustee,  or,  if  there  be  no  trustee,  the  clerk,  shall  designate  in  the 
notice.  Provided,  however,  that  in  union  free  school  districts 
whose  limits  do  not  correspond  with  those  of  an  incorporated  city 
or  village,  the  hoard  of  education  may  at  any  regular  meeting,  by 
resolution  duly  adopted  and  entered  upon  its  minutes,  determine 
that  the  annual  meeting  of  such  union  free  school  district  shall  be 
held  on  the  first  Tuesday  in  August;  and  thereafter  until  such 
determination  shall  he  changed,  such  annual  meeting  shall  he  held 
on  the  first  Tuesday  in  August  of  each  year;  and  where  any  such 
district  shall  have  heretofore  or  hereafter  determined  that  the 
election  of  the  members  of  the  board  of  education  shall  he  held 
on  the  Wednesday  next  following  the  day  designated  by  law  for 
holding  the  annual  meeting  of  such  district  as  provided  by  sec- 
tion 303  of  the  Education  Law,  such  election  shall  be  held  at  the 
time  so  determined  until  such  determination  shall  be  changed. 
[. Amended  by  L.  1910 , ch.  1+1+2,  L.  1913,  ch.  1+1+0,  and  L.  1915, 
ch.  232.] 

§ 195  Animal  meetings  of  districts  reformed  after 
dissolution.  The  districts  formed  by  the  dissolution  of  a 
union  free  school  district,  as  provided  in  sections  146  and  147 
of  this  chapter  shall  hold  their  annual  meetings  on  the  first  Tues- 
day of  May  next  after  the  dissolution  of  such  union  free  school 
district,  and  shall  elect  officers  as  now  required  by  law.  [Amended 
by  L.  1913,  ch.  129.] 

§ 196  Special  meeting  to  transact  "business  of  an- 
nual meeting.  Whenever  the  time  for  holding  the  annual 
meeting  in  school  districts  shall  pass  without  such  meeting  being 


EDUCATION  LAW 


63 


held  in  a district,  a special  meeting  shall  thereafter  be  called  by 
the  trustees  or  by  the  clerk  of  such  district  for  the  purpose  of 
transacting  the  business  of  the  annual  meeting;  and  if  no  such 
meeting  be  called  by  the  trustees  or  the  clerk  within  ten  days  after 
such  time  shall  have  passed,  the  school  commissioner  of  the  com- 
missioner district  in  which  said  school  district  is  situated  or  the 
Commissioner  of  Education  may  order  any  inhabitant  of  such  dis- 
trict to  give  notice  of  such  meeting  in  the  manner  provided  in  sec- 
tion 191,  and  the  officers  of  the  district  shall  make  to  such  meeting 
the  reports  required  to  be  made  at  the  annual  meeting,  subject  to 
the  same  penalty  in  case  of  neglect;  and  the  officers  elected  at 
such  meeting  shall  hold  their  respective  offices  only  until  the  next 
annual  meeting  and  until  their  successors  are  elected  and  shall 
have  qualified. 

§ 197  Special  meetings  in  common  school  districts. 

1 A special  district  meeting  shall  be  held  whenever  called  by  the 
trustees.  The  notice  thereof  shall  state  the  purposes  for  which  it 
is  called,  and  no  business  shall  be  transacted  at  such  special  meet- 
ing, except  that  which  is  specified  in  the  notice  ; and  the  district 
clerk,  or,  if  the  office  be  vacant,  or  the  clerk  be  sick  or  absent,  or 
shall  refuse  to  act,  a trustee,  or  some  taxable  inhabitant,  by  order 
of  the  trustees,  shall  serve  the  notice  upon  each  inhabitant  of  the 
district  qualified  to  vote  at  district  meetings,  at  least  six  days  be- 
fore the  day  of  the  meeting,  in  the  manner  prescribed  in  section 
191. 

2 The  inhabitants  of  a district  may,  at  any  annual  meeting, 
adopt  a resolution  prescribing  some  other  mode  of  giving  notice 
of  special  meetings,  which  resolution  and  the  mode  prescribed 
thereby  shall  continue  in  force  until  rescinded  or  modified  at  some 
subsequent  annual  meeting. 

§ 198  Special  meetings  in  union  free  scliool  dis- 
tricts. 1 Boards  of  education  shall  have  power  to  call  special 
meetings  of  the  inhabitants  of  their  respective  districts  whenever 
they  shall  deem  it  necessary  and  proper,  in  the  manner  prescribed 
m subdivision  2 of  section  193  of  this  chapter. 

2 In  union  free  school  districts  whose  limits  correspond  with 
those  of  any  incorporated  village  or  city,  the  boards  of  education 
shall  have  power  to  call  special  meetings  of  the  inhabitants  of 
their  respective  districts  for  the  purposes  mentioned  in  section 
-167  in  the  manner  prescribed  in  said  subdivision  2 of  section  193. 


64 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 199  Call  of  special  district  meeting  by  school 
commissioner.  When  the  clerk  and  all  the  trustees  of  a 
school  district  shall  have  removed  from  the  district,  or  their  office 
shall  he  vacant,  so  that  a special  meeting  can  not  be  called,  as 
hereinbefore  provided,  the  school  commissioner  may  in  like  man- 
ner give  notice  of,  and  call  a special  district  meeting. 

§ 200  Effect  of  want  of  due  notice  of  district 
meetings.  The  proceedings  of  no  district  meeting,  annual  or 
special,  shall  be  held  illegal  for  want  of  a due  notice  to  all  the  per- 
sons qualified  to  vote  thereat,  unless  it  shall  appear  that  the  omis- 
sion to  give  such  notice  was  wilful  and  fraudulent. 

§ 201  Penalty  for  failure  to  serve  notice.  Every 
taxable  inhabitant,  to  whom  a notice  of  any  district  meeting  shall 
be  delivered  for  service  pursuant  to  any  provisions  of  this  article, 
who  shall  refuse  or  neglect  to  serve  the  same,  as  hereinbefore 
prescribed,  shall  forfeit  five  dollars  for  the  benefit  of  the  district. 

§ 202  Duty  to  attend  district  meetings.  Whenever 
any  district  meeting  shall  be  duly  called,  it  shall  be  the  duty  of 
the  inhabitants  qualified  to  vote  thereat,  to  assemble  at  the  time 
and  place  fixed  for  the  meeting. 

§ 203  Qualifications  of  voters  at  district  meetings. 
A person  shall  be  entitled  to  vote  at  any  school  meeting  for  the 
election  of  school  district  officers,  and  upon  all  other  matters  which 
may  be  brought  before  such  meeting  who  is: 

1 A citizen  of  the  United  States. 

2 Twenty-one  years  of  age. 

3 A resident  within  the  district  for  a period  of  thirty  days 
next  preceding  the  meeting  at  which  he  offers  to  vote ; and  who  in 
addition  thereto  possesses  one  of  the  following  four  qualifications : 

a Owns  or  hires,  or  is  in  the  possession  under  a contract  of 
purchase  of  real  property  in  such  district  liable  to  taxation  for 
school  purposes,  or 

b Is  the  parent  of  a child  of  school  age,  provided  such  child 
shall  have  attended  the  district  school  in  the  district  in  which 
the  meeting  is  held  for  a period  of  at  least  eight  weeks  during 
the  year  preceding  such  school  meeting,  or 

c Uot  being  the  parent,  has  permanently  residing  with  him 
a child  of  school  age  who  shall  have  attended  the  district  school 
for  a period  of  at  least  eight  weeks  during  the  year  preceding 
such  meeting,  or 

d Owns  any  personal  property,  assessed  on  the  last  preceding 


EDUCATION  LAW 


65 


assessment-roll  of  the  town,  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
meeting,  by  reason  of  sex,  who  has  the  other  qualifications  re- 
quired by  this  section. 

§ 204  Declaration  in  case  of  challenge  of  voter. 

If  a person  offering  to  vote  at  any  school  district  meeting  shall 
be  challenged  as  unqualified,  by  any  legal  voter  in  such  district, 
the  chairman  presiding  at  such  meeting  shall  require  the  person 
so  offering,  to  make  the  following  declaration : “ I do  declare  and 
affirm  that  I am,  and  have  been,  for  the  thirty  days  last  past,  an 
actual  resident  of  this  school  district  and  that  I am  qualified  to 
vote  at  this  meeting.”  And  every  person  making  such  declaration 
shall  be  permitted  to  vote  on  all  questions  proposed  at  such  meet- 
ing; hut  if  any  person  shall  refuse  to  make  such  declaration,  his 
vote  shall  he  rejected. 

§ 205  Penalty  for  false  declaration  or  unauthor- 
ized vote.  A person  who  shall  wilfully  make  a false  declara- 
tion of  his  right  to  vote  at  a school  meeting,  after  hi3  right  to 
vote  thereat  has  been  challenged,  shall  he  deemed  guilty  of  a mis- 
demeanor. And  a person  not  qualified  to  vote  at  such  meeting, 
who  shall  vote  thereat,  shall  thereby  forfeit  ten  dollars,  to  be  sued 
for  by  the  supervisor  for  the  benefit  of  the  common  schools  of  the 
town. 

§ 206  Powers  of  voters.  The  inhabitants  entitled  to  vote, 
when  duly  assembled  in  any  district  meeting,  shall  have  power, 
by  a majority  of  the  votes  of  those  present: 

1 To  appoint  a chairman. 

2 To  appoint  a clerk  for  the  time  if  the  district  clerk  is  absent. 

3 To  adjourn  from  time  to  time  as  occasion  may  require. 

4 To  elect  one  or  three  trustees  as  hereinafter  provided,  a dis- 
trict clerk  and  a district  collector,  and  in  any  district  which  shall 
so  determine,  as  hereinafter  provided,  to  elect  a treasurer,  at  their 
first  meeting,  and  so  often  as  such  offices  or  any  of  them  become 
vacated,  except  as  hereinafter  provided. 

5 At  the  first  meeting,  or  at  any  subsequent  annual  meeting, 
or  at  any  special  meeting  duly  called  for  that  purpose,  the  quali- 
fied voters  of  any  school  district  are  authorized  to  adopt  by  a vote 
of  a majority  of  such  voters  present  and  voting,  to  be  ascertained 
by  taking  and  recording  the  ayes  and  noes,  a resolution  to  elect 
a treasurer  of  said  district,  who  shall  be  the  custodian  of  all 

3 


66 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


moneys  belonging  to  said  district,  and  the  disbursing  officer  of 
such  moneys.  If  such  resolution  shall  be  adopted,  such  voters 
shall  thereupon  elect  by  ballot  a treasurer  for  said  district.  Any 
person  elected  treasurer  at  any  meeting  other  than  an  annual 
meeting,  shall  hold  office  until  the  next  annual  meeting  after  such 
election,  and  until  his  successor  shall  be  elected  or  appointed, 
and  thereafter  a treasurer  shall  be  elected  at  each  annual  meet- 
ing for  the  term  of  one  year.  [Subdivision  5 amended  by  L.  1910 , 
ch.  Jplf2.] 

6 To  fix  the  amount  in  which  the  collector  and  treasurer  shall 
give  bonds  for  the  due  and  faithful  performance  of  the  duties  of 
their  offices. 

7 To  designate  a site  for  a schoolhouse,  or  for  the  grounds  to  be 
used  for  playgrounds,  or  for  agricultural,  athletic  center  and 
social  center  purposes,  or,  with  the  consent  of  the  district  super- 
intendent of  schools  within  whose  district  the  school  district  lies, 
to  designate  sites  for  two  or  more  schoolhouses  for  the  district. 
Such  designation  of  a site  for  a schoolhouse,  or  for  such  grounds, 
can  be  made  only  at  a special  meeting  of  the  district,  duly  called 
for  such  purpose  by  a written  resolution  in  which  the  proposed 
site  shall  be  described  by  metes  and  bounds,  and  which  resolution 
must  receive  the  assent  of  a maj  ority  of  the  qualified  voters  present 
and  voting,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  or  by  ballot.  [ Subdivision  7,  amended  by  L.  1913 , 
ch.  221 .] 

8 To  vote  a tax  upon  the  taxable  property  of  the  district,  to 
purchase,  lease  and  improve  such  sites  or  an  addition  to  such 
sites  and  grounds  for  the  purposes  specified  in  the  preceding  sub- 
division, to  hire  or  purchase  rooms  or  buildings  for  schoolrooms 
or  schoolhouses,  or  to  build  schoolhouses ; to  keep  in  repair  and 
furnish  the  same  with  necessary  fuel,  furniture  and  appurtenances, 
and  to  purchase  such  implements,  apparatus  and  supplies  as  may 
be  necessary  to  provide  instruction  in  agriculture  and  other  sub- 
jects, and  for  the  organization  and  conduct  of  athletic,  playground 
and  other  social  center  work.  [Subdivision  8 amended  by 
L.  1913 , ch.  221 .] 

9 To  vote  a tax,  not  exceeding  twenty-five  dollars  in  any  one 
year,  for  the  purchase  of  maps,  globes,  reproductions  of  standard 
works  of  art,  blackboards  and  other  school  apparatus,  and  for  the 
purchase  of  textbooks  and  other  school  necessaries  for  the  use  of 
poor  scholars  of  the  district.  [Subdivision  9 amended  by  L.  19 Ilf, 
ch.  216.~\ 


EDUCATION  LAW 


67 


10  To  vote  a tax  for  the  establishment  of  a school  library  and 
the  maintenance  thereof,  or  for  the  support  of  any  school  library 
already  owned  by  said  district,  and  for  the  purchase  of  books 
therefor,  and  such  sum  as  they  may  deem  necessary  for  the  pur- 
chase of  a bookcase. 

11  To  vote  a tax  to  supply  a deficiency  in  any  former  tax 
arising  from  such  tax  being,  in  whole  or  in  part,  uncollectible. 

12  To  authorize  the  trustees  to  cause  the  schoolhouses,  and 
their  furniture,  appurtenances  and  school  apparatus  to  be  insured 
by  any  insurance  company  created  by  or  under  the  laws  of  this 
State,  or  any  other  insurance  company  authorized  by  law  to  trans- 
act business  in  this  State. 

13  To  alter,  repeal  and  modify  their  proceedings,  from  time  to 
time,  as  occasion  may  require. 

14  To  vote  a tax  for  the  purchase  of  a book  for  the  purpose  of 
recording  their  proceedings. 

15  To  vote  a tax  to  replace  moneys  of  the  district,  lost  or 
embezzled  by  district  officers ; and  to  pay  the  reasonable  expenses 
incurred  by  district  officers  in  defending  suits  or  appeals  brought 
against  them  for  their  official  acts,  or  in  prosecuting  suits  or 
appeals  by  direction  of  the  district  against  other  parties. 

16  To  vote  a tax  to  pay  whatever  deficiency  there  may  be  in 
teachers’  wages  after  the  public  money  apportioned  to  the  district 
shall  have  been  applied  thereto. 

17  To  vote  a tax  to  pay  and  satisfy  of  record  any  judgments 
of  a competent  court  which  may  have  been  or  shall  hereafter  be 
obtained  in  an  action  against  the  trustees  of  the  district  for  unpaid 
teachers’  wages,  where  the  time  to  appeal  from  said  judgments 
shall  have  lapsed,  or  there  shall  be  no  intent  to  appeal  on  the  part 
of  such  district,  or  the  said  judgments  are  or  shall  be  of  the  court 
of  last  resort. 

18  Whenever  any  district  shall  have  contracted  with  the  school 
authorities  of  any  city,  or  other  school  district  for  the 
education  therein  of  the  pupils  residing  in  such  school  district,  or 
whenever  in  any  school  district  children  of  school  age  shall  reside 
so  remote  from  the  schoolhouse  therein  that  they  are  practically 
deprived  of  school  advantages  during  any  portion  of  the  school 
year,  the  inhabitants  thereof  entitled  to  vote  are  authorized  to 
provide,  by  tax  or  otherwise,  for  the  conveyance  of  any  or  all 
pupils  residing  therein  to  the  schools  of  such  city,  or 
district  with  which  such  contract  shall  have  been  made,  or  to  the 


68 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


school  maintained’  in  said  district,  and  the  trustees  thereof  may 
contract  for  such  conveyance  when  so  authorized  in  accordance 
with  such  rules  and  regulations  as  they  may  establish,  and  for 
the  purpose  of  defraying  any  expense  incurred  in  carrying  out 
the  provisions  of  this  subdivision,  they  may  if  necessary  use  any 
portion  of  the  public  money  apportioned  to  such  district  as  a 
district  quota. 

§ 207  Vote  on  proposition  to  expend  money.  In 

all  propositions  arising  at  said  district  meetings,  involving  the 
expenditure  of  money,  or  authorizing  the  levy  of  taxes,  the  vote 
thereon  shall  be  by  ballot,  or  ascertained  by  taking  and  recording 
the  ayes  and  noes  of  such  qualified  voters  attending  and  voting 
at  such  district  meetings. 

ARTICLE  7“ A 

(Added  by  L.  1911,  ch.  7 91,  in  effect  June  8,  1917) 

School  Elections  in  Certain  Cities 

Section  208  Application  of  article 

209  Annual  school  election 

210  Qualifications  of  electors 

211  Division  of  city  or  district  into  districts ; elections  held  in 

schoolhouses 

212  Notices  of  election 

213  Preparation  of  poll  lists;  correction 

214  Inspectors  of  election;  organization 

215  Nomination  and  ballot 

216  Conduct  of  election;  challenges 

217  Canvass  of  votes  and  return  to  board  of  education;  declaration 

of  result 

218  Use  of  voting  machines 

§ 208  Application  of  article.  This  article  shall  apply 

to  each  city  in  the  State,  in  which  members  of  the  board  of  educa- 
tion are  elected  by  the  qualified  electors  of  such  city  at  an  election 
other  than  a general  or  municipal  election.  [ Added  by  L.  1917, 
ch.  791,  in  effect  June  8,  1917.] 

§ 209  Annual  school  election.  1 An  annual  election 
shall  be  held  on  the  first  Tuesday  of  May  in  each  city  to  which 
this  article  applies. 

2 The  polls  of  such  election  shall  be  open  from  twelve  o’clock 
noon  until  eight  o’clock  in  the  evening.  [ Added  by  L.  1917, 
ch.  791 , in  effect  June  8,  1917 . 


EDUCATION  LAW 


69 


§ 210  Qualifications  of  voters.  A person  shall  be 
entitled  to  vote  at  a school  election  in  such  city  who  is: 

1 A citizen  of  the  United  States. 

2 Twenty-one  years  of  age. 

3 A resident  within  the  election  district  for  a period  of  thirty 
days  next  preceding  the  election  at  which  he  offers  to  vote;  and 
who  in  addition  thereto  possesses  one  of  the  following  four 
qualifications. 

a Owns  or  hires  real  property  in  such  district  or  is  in  the 
possession  of  such  property  under  a contract  of  purchase,  assessed 
upon  the  last  preceding  assessment-roll  of  the  city,  or 

b Is  the  parent  of  a child  of  school  age,  provided  such  child 
shall  have  attended  the  public  schools  in  the  city  in  which  the 
election  is  held  for  a period  of  at  least  eight  weeks  during  the 
year  preceding  such  election,  or 

c Hot  being  the  parent,  has  permanently  residing  with  him  a 
child  of  school  age  who  shall  have  attended  such  public  schools 
for  a period  of  at  least  eight  weeks  during  the  year  preceding 
such  election,  or 

d Owns  personal  property,  assessed  on  the  last  preceding 
assessment-roll  of  the  city,  exceeding  fifty  dollars  in  value,  exclu- 
sive of  such  as  is  exempt  from  execution. 

No  person  shall  be  deemed  to  be  ineligible  to  vote  at  any  such 
election,  by  reason  of  sex,  who  has  the  other  qualifications  required 
by  this  section.  [Added  by  L.  1917 , ch.  791 , in  effect  June  8 , 
1917.] 

§ 211  Division  of  city  into  districts;  elections 
held  in  schoolhouses.  The  board  of  education  of  each  such 
city  shall  adopt  a resolution  on  or  before  the  first  day  of  April, 
preceding  the  first  annual  school  election  held  hereunder,  divid- 
ing the  city  into  school  election  districts.  The  city  shall  he  so 
divided,  that  if  circumstances  will  permit,  there  shall  he  a 
schoolhouse  in  each  district  and  each  district  shall  contain  not 
more  than  one  thousand  qualified  voters.  The  districts  thus 
formed  shall  continue  in  existence  until  modified  by  resolution 
of  the  hoard  of  education.  Such  resolution  shall  accurately 
describe  the  boundaries  of  such  districts  by  streets,  alleys  and 
highways,  when  practicable,  and  shall  so  far  as  may  be,  include 
one  or  more  of  the  regular  election  districts  of  such  city.  School 
elections  shall  be  held  in  such  districts  so  far  as  may  be  possible 
in  the  public  schoolhouses  therein.  If  there  is  no  public  school- 


70 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


house  in  a district  the  hoard  of  education  shall  by  resolution 
designate  the  place  where  the  election  in  such  district  shall  be 
held.  [ Added  by  L.  1917 , ch.  7 91,  in  effect  June  8,  1917.] 

§ 212  Notice  of  election.  The  board  of  education  shall 
cause  a notice  of  the  annual  school  election  to  be  published  at  least 
once  in  each  week  for  the  four  weeks  preceding  such  election,  in 
at  least  two  newspapers  published  in  such  city.  Such  notice  shall 
state  the  day  of  election  and  the  hours  during  which  the  polls 
are  to  be  open,  shall  accurately  describe  the  boundaries  of  the 
school  election  districts  into  which  the  city  is  divided,  and  shall 
specify  the  schoolhouses  or  other  places  therein  where  such  election 
will  be  held.  Such  notice  shall  also  state  that  poll  lists  prepared 
by  the  clerk  of  the  board  of  education  as  required  by  this  article 
containing  the  names  of  the  qualified  electors  of  each  school 
election  district  are  on  file  and  may  be  examined  at  the  office  of 
such  clerk  or  of  the  superintendent  of  schools  of  such  city. 
[Added  by  L.  1917 , ch  791 , m effect  June  8,  1917.] 

§ 213  Preparation  of  poll  lists;  correction.  1 
The  secretary  or  clerk  of  the  board  of  education  in  each  such  city 
shall  on  or  before  the  first  day  of  April  in  each  year  prepare  a 
poll  list  for  each  school  election  district  which  shall  contain  the 
names  of  all  persons  residing  in  such  district  who  shall  be  quali- 
fied to  vote  for  candidates  for  the  offices  of  members  of  the  board 
of  education  at  the  ensuing  election.  The  names  on  such  list 
shall  be  arranged  alphabetically  by  the  surnames,  and  the  place 
of  residence  by  street  and  number  of  each  person  named  on  such 
list,  if  any,  and  if  not,  some  description  accurately  locating  such 
place  of  residence  shall  be  given  on  such  list. 

2 Such  list  shall  be  placed  on  file  in  the  office  of  the  secretary 
or  clerk  of  the  board  of  education  or  some  other  suitable  and 
accessible  place  to  be  designated  by  the  board  of  education  where 
it  may  be  examined  by  persons  interested  therein  during  the  office 
hours  of  such  secretary  or  clerk  for  thirty  days  preceding  the 
annual  school  election  and  from  four  to  eight  o’clock  in  the  even- 
ing of  each  Friday  and  Saturday  of  the  four  weeks  immediately 
preceding  the  election.  The  secretary  or  clerk  of  the  board  of 
education  or  some  person  to  be  designated  by  such  board  shall 
attend  at  such  office  at  such  times,  and  shall  permit  such  lists  to 
be  examined  by  the  public. 

3 Any  person  whose  name  is  not  upon  such  list,  who  is  or 
will  be  a qualified  voter  of  the  city  at  such  election,  may  file  a 


EDUCATION  LAW 


71 


written  statement  with  the  secretary  or  clerk  of  the  board  of 
education  giving  his  name,  place  of  residence,  occupation  and 
the  school  election  district  in  which  he  resides,  and  specifying 
the  qualifications  which  entitle  him  to  vote  at  such  election.  The 
name  of  such  voter  shall  thereupon  be  placed  on  such  poll  list. 
If  such  person  appears  before  the  secretary  or  clerk  of  the  board 
of  education  and  furnishes  the  information  above  required,  such 
secretary  or  clerk  shall  place  his  name  upon  the  poll  list. 

4 If  a qualified  voter  is  a resident  of  a school  election  district 
and  his  name  appears  on  a poll  list  as  a resident  of  another  dis- 
trict, a written  statement  may  be  filed  by  such  voter  with  the  sec- 
retary or  clerk  of  the  board  of  education  showing  his  correct  resi- 
dence and  the  name  of  such  voter  shall  thereupon  be  stricken 
from  such  poll  list  and  placed  upon  the  proper  poll  list. 

5 The  board  of  education  shall  furnish  blanks  for  such  state- 
ments, which  shall  be  used  by  the  voters  in  presenting  the  facts 
above  prescribed.  No  change  or  alteration  of  such  list  shall  be 
made  by  any  person  before  the  correction  and  revision  thereof 
as  hereinafter  provided. 

6 Such  statements  and  challenges  shall  be  received  and  pre- 
served by  the  secretary  or  clerk  of  the  board  or  other  person 
designated  by  the  board,  and  on  the  Monday  preceding  the  annual 
election  such  secretary  or  clerk  shall  correct  and  revise  each  of 
such  duplicate  lists  by  striking  therefrom  and  inserting  in  their 
proper  places  the  names  of  persons  who  have  filed  the  statements 
above  referred  to  and  shall  indicate  on  such  lists  the  persons  whose 
qualifications  as  voters  have  been  challenged. 

7 Such  corrected  and  revised  lists  shall  be  filed  in  the  office 
of  the  secretary  or  clerk  of  the  board  of  education.  Such  board 
shall  cause  a copy  of  the  list  of  each  election  district  to  be  delivered 
on  the  day  of  the  election,  before  the  opening  of  the  polls  therein, 
to  the  inspectors  of  such  districts,  at  the  place  where  the  election 
in  such  district  is  to  be  held. 

8 A qualified  voter  may,  upon  the  examination  of  such  list,  file 
a written  challenge  of  the  qualifications  as  a voter  of  any  person 
whose  name  appears  on  such  list.  Such  challenge  shall  be  written 
and  shall  be  on  blanks  to  be  furnished  by  the  board  of  education. 
[Added  by  L.  1917 > ch.  7 91,  in  effect  June  8 , 1917.'] 

§ 214  Inspectors  of  election;  organization.  The 
board  of  education  shall  appoint  not  less  than  ten  days  prior  to 
each  school  election  three  qualified  voters  residing  in  each  school 
election  district  to  act  as  inspectors  of  elections  in  such  district 


72  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

at  the  annual  election.  The  secretary  or  clerk  of  the  board  of 
education  shall  given1  written  notice  of  appointment  to  the 
persons  so  appointed.  If  a person  appointed  an  inspector  of  elec- 
tion refuses  to  accept  such  appointment  or  fails  to  serve,  the 
board  may  appoint  a qualified  voter  of  the  school  election  district 
to  fill  the  vacancy.  Hot  more  than  two  additional  inspectors  of 
elections  for  each  district  may  he  appointed  for  one  or  more  of 
such  school  election  districts,  when,  in  the  opinion  of  the  board, 
special  circumstances  exist  requiring  the  services  of  such  addi- 
tional inspectors.  Such  inspectors  shall,  before  opening  the  polls 
in  the  election  district  for  which  they  are  appointed,  organize  by 
electing  one  of  their  number  as  chairman,  and  one  as  poll  clerk. 
Each  inspector  shall  receive  for  his  services  a compensation  of 
three  dollars,  to  he  paid  out  of  the  school  funds  in  the  same  man- 
ner as  other  claims  against  the  city  or  district.  [ Added  by 
L.  1917 , ch.  791,  in  effect  June  8,  1917.] 

§ 215  Nomination  and  ballot.  1 Candidates  for 
members  of  the  hoard  of  education  in  a city  to  which  this  article 
applies  shall  be  nominated  by  petition  directed  to  the  board  of 
education  and  signed  by  at  least  thirty  persons  qualified  to  vote 
at  school  elections  in  such  city.  Such  petition  shall  contain  the 
name  and  residences  of  the  candidates  for  the  vacancies  in  the 
board  of  education  to  be  filled  at  the  annual  election  and  shall 
state  whether  such  candidates  are  nominated  for  full  terms  or  for 
the  unexpired  portions  of  such  terms.  Such  petitions  shall  be 
filed  with  the  secretary  or  clerk  of  the  board  of  education  on  or 
before  the  tenth  day  preceding  the  day  of  the  annual  election. 

2 The  board  of  education  shall  cause  to  be  printed  official  bal- 
lots containing  the  names  of  all  candidates  as  above  provided. 
The  ballots  shall  separately  state  whether  the  persons  named 
thereon  are  candidates  for  full  terms  or  for  unexpired  terms. 
The  names  of  the  candidates  shall  be  arranged  alphabetically 
according  to  their  surnames  in  columns  under  titles  or  designations 
showing  whether  they  are  to  be  elected  for  full  terms  or  unexpired 
terms.  Blank  spaces  shall  be  provided  so  that  voters  may  vote 
for  candidates  who  have  not  been  nominated  for  the  offices  to  he 
filled  at  such  election.  The  form  of  such  ballots  shall  conform 
substantially  to  the  form  of  ballots  used  at  general  elections  as 
prescribed  in  the  election  law.  Such  ballots  shall  he  printed  at 
the  expense  of  the  city  and  the  cost  thereof  shall  be  paid  out  of 
funds  appropriated  for  school  purposes  and  available  therefor. 


1 So  in  original. 


EDUCATION  LAW 


73 


3  There  shall  he  delivered  to  the  inspectors  in  each  school 
election  district  on  the  day  of  the  annual  election  a supply  of 
such  ballots  which  shall  at  least  equal  the  number  of  qualified 
voters  in  such  district  as  appears  from  the  poll  list  thereof. 

4 : Such  ballots  shall  have  printed  thereon  instructions  as  to 
the  marking  of  the  ballots  and  the  number  of  candidates  for  the 
several  offices  for  which  a voter  is  permitted  to  vote. 

5 If  official  ballots  are  not  furnished  as  above  provided,  an 
election  of  members  of  a board  of  education  in  such  city  shall 
not  be  declared  invalid  or  illegal  because  of  the  use  of  ballots 
which  do  not  conform  to  the  requirements  of  this  section  or  of 
the  provisions  of  the  election  law,  provided  the  intent  of  the  voter 
may  be  ascertained  from  the  use  of  such  irregular  or  defective  bal- 
lots and  such  use  was  not  fraudulent  and  did  not  substantially 
affect  the  result  of  the  election.  [Added  by  L.  1917 , ch.  7 91,  in 
effect  June  8,  1917.] 

§ 216  Conduct  of  election;  challenges.  1 Such 
election  shall  be  conducted,  so  far  as  may  be,  in  accordance  with 
the  provisions  of  the  election  law,  relative  to  general  elections, 
except  as  otherwise  provided  herein.  Ballot  boxes  shall  be  pro- 
vided by  the  board  of  education  for  each  school  election  district, 
one  to  contain  the  ballots  voted  and  the  other  for  the  rejected  or 
defective  ballots. 

2 All  persons  whose  names  appear  upon  the  poll  list  as  residing 
in  such  election  district  shall  be  permitted  to  vote  and  shall  be 
given  ballots  for  such  purpose. 

3 Booths  shall  be  provided  and  voters  shall  be  required  to 
enter  such  booths  for  the  purpose  of  marking  their  ballots.  The 
ballots  when  presented  to  the  inspector  shall  be  folded  so  as  to 
conceal  the  names  of  the  candidates  for  whom  the  voter  has  voted. 

4 All  voters  entitled  to  vote  who  are  in  the  place  where  the 
election  is  held  at  or  before  the  time  of  closing  the  polls  shall  be 
allowed  to  vote.  The  inspectors  shall  keep  a poll  list,  containing 
the  name  and  address  of  each  qualified  elector  who  votes  at  such 
election  for  the  candidates  or  propositions  or  questions  voted  for 
thereat. 

5 Any  qualified  voter  of  a district  may  challenge  the  right  of 
a person  to  vote  at  the  time  when  he  requests  a ballot.  All  persons 
named  upon  the  poll  list  as  having  been  challenged  prior  to  the 
day  of  the  election  shall  also  be  challenged  before  they  are  given 
ballots  to  vote.  The  chairman  of  the  board  of  inspectors  shall 
administer  to  each  person  so  challenged  the  following  oath : 


74  THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 

“ I do  solemnly  swear  (or  affirm)  that  I am  a citizen  of  the  United 
States;  that  I am  of  the  age  of  twenty-one  years  or  more;  that  I 
have  been  for  the  thirty  days  last  past  an  actual  resident  of  this 
city;  and  that  in  addition  thereto  I possess  one  of  the  four  quali- 
fications prescribed  by  section  210  of  the  education  law,  to  wit: — 
(Here  state  facts  upon  which  qualifications  are  claimed),  and 
am  therefore  qualified  to  vote  at  this  election.”  The  chairman 
of  the  board  of  inspectors  shall  before  administering  such  oath 
inform  the  person  so  challenged  of  the  four  qualifications  pre- 
scribed by  such  section.  If  the  person  challenged  so  swears  or 
affirms,  he  shall  be  permitted  to  vote  at  such  election;  but  if 
he  shall  refuse  to  so  swear  or  affirm,  he  shall  not  be  given  a ballot 
or  be  permitted  to  vote. 

6 A person  who  wilfully  swears  or  affirms  falsely  as  to  his 
right  to  vote  at  such  election  after  his  right  to  vote  has  been  chal- 
lenged is  guilty  of  perjury  and  may  be  punished  in  the  manner 
provided  by  law  for  the  punishment  of  such  crime.  A person  who 
is  not  qualified  to  vote  at  such  election  who  shall  vote  thereat, 
although  not  challenged,  shall  be  guilty  of  misdemeanor,  punishable 
by  a fine  of  not  less  than  twenty-five  dollars,  or  by  imprisonment 
for  not  less  than  thirty  days,  or  by  both  such  fine  and  imprison- 
ment. [ Added  by  L.  1917 , ch.  7 91,  in  effect  June  8,  191 7.] 

§ 217  Canvass  of  votes  and  return  to  board  of 
education;  declaration  of  result.  1 Immediately  upon 
the  close  of  the  polls  the  inspectors  of  each  school  election  district 
shall  count  the  ballots  found  in  the  ballot  box  without  unfolding 
them,  except  so  far  as  is  necessary  to  ascertain  that  each  ballot 
is  single.  They  shall  compare  the  number  of  ballots  found  in  the 
ballot  box  with  the  number  of  persons  recorded  on  the  poll  list  as 
having  voted  at  the  election.  If  the  number  of  ballots  found  in 
the  ballot  box  shall  exceed  the  number  of  names,  such  ballots 
shall  be  replaced  without  being  unfolded  in  the  box  from  which 
they  were  taken  and  shall  be  thoroughly  mingled  in  such  box  and 
one  of  the  inspectors  designated  by  the  board  shall  then  publicly 
draw  out  as  many  ballots  as  shall  be  equal  to  the  number  of 
excess  ballots.  The  ballots  so  drawn  out  shall  be  enclosed  without 
unfolding  in  an  envelop  which  shall  be  sealed  and  endorsed  with 
a statement  of  the  number  of  such  excess  ballots  withdrawn  from 
the  box  and  shall  be  signed  by  the  inspector  who  withdrew  such 
ballots.  Such  envelop  with  the  excess  ballots  therein  shall  be 
placed  in  the  box  for  the  defective  or  spoiled  ballots. 


EDUCATION  LAW 


75 


2 The  ballots  shall  be  counted  or  canvassed  by  the  inspectors 
in  the  manner  provided  for  the  canvassing  of  ballots  at  a general 
election  except  as  otherwise  provided  herein.  The  votes  cast  for 
each  candidate  shall  be  tallied  and  counted  by  the  inspectors 
and  a statement  shall  be  made  containing  the  names  of  each 
candidate  receiving  votes  in  such  district  and  the  number  of 
votes  cast  for  each  candidate.  Such  statement  shall  also  give 
the  number  and  describe  the  ballots  which  are  declared  void  and 
shall  also  specify  the  number  of  wholly  blank  ballots  cast.  Such 
statement  shall  be  signed  by  the  inspectors.  The  ballots  which 
were  declared  void  and  not  counted  shall  be  inclosed  in  an  envelop 
which  shall  be  sealed  and  endorsed  as  containing  void  ballots  and 
signed  by  the  inspectors.  Such  envelop  shall  be  placed  in  the 
ballot  box  containing  the  defective  and  spoiled  ballots. 

3 After  the  ballots  are  counted  and  the  statements  have  been 
made  as  required  herein  the  ballots  shall  be  replaced  in  the  ballot 
box.  Each  box  shall  be  securely  locked  and  sealed  and  deposited 
by  an  inspector  designated  for  the  purpose  with  the  secretary  or 
clerk  of  the  board  of  education.  The  unused  ballots  shall  be 
placed  in  a sealed  package  and  returned  by  the  inspector  desig- 
nated for  such  purpose  to  the  said  secretary  or  clerk  at  the  same 
time  that  such  ballot  boxes  are  delivered  to  him.  The  statement 
of  the  canvass  of  the  votes  shall  be  delivered  to  the  secretary  or 
clerk  of  the  board  of  education  on  the  day  following  the  annual 
election. 

4 The  board  of  education  shall  meet  at  the  usual  place  of 
meeting  at  eight  o’clock  in  the  evening  of  the  day  following  such 
election  and  shall  forthwith  examine  and  tabulate  the  statements 
of  the  result  of  the  election  in  the  several  school  election  districts. 
The  said  board  shall  canvass  the  returns  as  contained  in  such 
statements  and  shall  determine  the  number  of  votes  cast  for  each 
candidate  in  the  several  school  election  districts.  The  board  shall 
thereupon  declare  the  result  of  the  canvass.  The  candidates 
receiving  a plurality  of  the  votes  cast  respectively  for  the  several 
offices  shall  be  declared  elected.  The  secretary  or  clerk  of  the 
board  of  education  shall  record  the  result  of  the  election  as 
announced  by  the  board  of  education. 

5 The  secretary  or  clerk  of  the  board  of  education  shall  within 
twenty-four  hours  after  the  result  of  the  election  has  been  declared 
serve  a written  notice  either  personally  or  by  mail  upon  each 
person  declared  to  be  elected  as  a member  of  the  board  of  educa- 
tion. [ Added  by  L.  1917 , ch.  7 91,  in  effect  June  8,  1917.] 


76 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 218  Use  of  voting  machines.  In  a city  in  which 
voting  machines  are  used  at  general  or  municipal  elections,  it 
shall  be  lawful  for  the  board  of  education  of  such  city  to  authorize 
the  use  of  such  voting  machines  at  a school  election.  When  such 
voting  machines  are  used  the  law  relating  to  the  use  of  such 
machines  at  a general  or  municipal  election  shall  apply  to  and 
govern  the  use  of  such  machines  in  a school  election.  [Added  by 
L.  1917 , ch.  7 91,  in  effect  June  8,  1917.] 

ARTICLE  8 

School  District  Officers;  General  Provisions 

Section  220  Officers  of  district 

221  Qualifications  of  officers 

222  Ineligibility  to  office 

223  Oath  of  office 

224  Terms  of  office 

225  Terms  of  officers  of  newly  created  district 

226  Number  of  trustees;  determination  of  change 

227  Election  of  officers 

228  Notice  and  acceptance  of  election 

229  Refusal  of  trustee  to  serve 

230  Penalty  for  refusal  to  serve  or  perform  duty 

231  Resignation  of  district  officers 

232  Vacating  office 

233  Filling  vacancy  in  office  of  trustee 

234  Filling  vacancy  in  office  of  clerk,  collector  or  treasurer 

235  Notice  of  appointment  to  fill  vacancy  and  filing  thereof 

236  District  records,  books,  et  cetera,  are  district  property 

§ 220  Officers  of  district.  1 Each  school  district  shall 
have  from  one  to  three  trustees  as  the  district  determines,  a clerk, 
a collector  and  if  the  district  so  decides  a treasurer. 

2 A union  free  school  district  shall  have  from  three  to  nine 
trustees  as  the  district  shall  determine. 

§ 221  Qualifications  of  officers.  Every  school  district 
officer  must  be  able  to  read  and  write  and  must  be  a qualified 
voter  of  the  district. 

§ 222  Ineligibility  to  office.  1 No  school  commissioner 
or  supervisor  is  eligible  to  the  office  of  trustee  or  member  of  a 
board  of  education,  and  no  trustee  can  hold  the  office  of  district 
clerk,  collector,  treasurer  or  librarian. 

2 A person  removed  from  a school  district  office  shall  be  in- 
eligible to  appointment  or  election  to  any  district  office  for  a period 
of  one  year  from  the  date  of  such  removal. 


EDUCATION  LAW 


77 


3 Not  more  than  one  member  of  a family  shall  he  a member 
of  the  same  board  of  education  in  any  school  district. 

§ 223  Oath  of  ©face.  No  officer  of  a school  district  shall 
be  required  to  take  the  constitutional  oath  of  office. 

§ 224  Term  of  office.  1 In  a district  having  three  or 
more  trustees  the  full  term  of  office  of  trustee  shall  he  three  years, 
but  a trustee  may  be  elected  for  one  or  two  years  as  provided  in 
this  chapter. 

2 In  a district  having  a sole  trustee  the  term  of  office  of  trustee 
shall  be  one  year. 

3 The  term  of  office  of  all  other  district  officers  shall  be  one 
year. 

4 One  year,  within  the  meaning  of  this  section,  is  a school  year. 
A school  year  shall  be  from  August  first  until  J uly  thirty-first  fol- 
lowing. [ Subdivision  amended  by  L.  1910 , ch.  l+lf-2.] 

§ 225  Terms  of  officers  of  newly  created  district. 
The  terms  of  all  officers  elected  at  the  first  meeting  of  a newly 
created  district  shall  expire  on  the  first  Tuesday  of  May  next 
thereafter.  [ Amended  by  L.  1913 , ch.  129.'] 

§ 226  Number  of  trustees;  determination  of 
change.  1 At  the  first  annual  meeting  next  after  the  erection  of 
a district  the  electors  shall  determine,  by  resolution,  whether  the 
district  shall  have  one  or  three  trustees ; and  if  they  resolve  to  have 
three  trustees,  shall  elect  the  three  for  one,  two  and  three  years, 
respectively,  and  shall  designate  by  their  votes  for  which  term  each 
is  elected;  thereafter  in  such  district,  one  trustee  shall  be  elected 
at  each  annual  meeting  to  fill  the  office  of  the  outgoing  trustee. 

2 The  electors  of  any  district  having  three  trustees  shall  have 
power  to  decide  at  any  annual  meeting  by  a majority  vote  of  those 
present  and  voting,  whether  the  district  shall  have  a sole  trustee 
or  three  trustees.  If  they  resolve  to  have  a sole  trustee,  the  trus- 
tees in  office  shall  continue  in  office  until  their  terms  of  office  shall 
expire.  No  election  of  a trustee  shall  be  had  in  the  district  until 
the  offices  of  such  trustees  shall  become  vacant  by  the  expiration 
of  their  terms  of  office  or  otherwise,  and  thereafter  but  one  trus- 
tee shall  be  elected  for  said  district. 

3 The  electors  of  a district  having  but  one  trustee  may  deter- 
mine at  an  annual  meeting,  by  a two-thirds  vote  of  the  legal  voters 
present  thereat,  to  have  three  trustees;  and  upon  the  adoption  of 
a resolution  to  that  effect,  shall  proceed  to  elect  three  trustees  or 
such  number  as  may  be  necessary  to  form  a board  of  three  trus- 


78 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


tees,  in  the  same  manner  as  provided  in  this  section  for  the  elec- 
tion of  three  trustees  at  the  first  annual  meeting  after  the  erection 
of  a district;  and  thereafter  in  such  district,  one  trustee  sliall  he 
elected  for  three  years,  at  each  annual  meeting,  to  fill  the  office  of 
the  outgoing  trustee. 

§ 227  Election  of  officers.  1 All  district  officers  shall 
be  elected  by  ballot  and  the  trustees  shall  provide  a suitable  ballot 
box  for  such  purpose. 

2 Two  inspectors  of  election  shall  be  appointed  in  such  manner 
as  the  meeting  shall  determine,  who  shall  receive  the  votes  cast, 
canvass  the  same  and  announce  the  result  of  the  ballot  to  the  chair- 
man. 

3 A poll-list  containing  the  name  of  every  person  whose  vote 
shall  be  received  shall  be  kept  by  the  clerk  of  the  meeting. 

4 The  ballots  shall  be  written  or  printed,  or  partly  written  and 
partly  printed,  containing  the  name  of  the  person  voted  for  and 
designating  the  office  for  which  each  is  voted. 

5 The  chairman  shall  declare  to  the  meeting  the  result  of  each 
ballot,  as  announced  to  him  by  the  inspectors,  and  the  persons  hav- 
ing the  majority  of  votes,  respectively,  for  the  several  officers,1 
shall  be  elected. 

§ 228  Notice  and  acceptance  of  election.  1 The 

district  clerk  shall  forthwith  notify  in  writing  each  person  elected 
to  office  of  his  election  and  the  date  thereof. 

2 Such  person  shall  be  deemed  to  have  accepted  the  office, 
unless  within  fiye  days  after  the  service  of  such  notice,  he  shall 
file  his  written  refusal  with  the  clerk.  The  presence  of  any  such 
person  at  the  meeting  which  elects  him  to  office,  shall  be  deemed 
a sufficient  notice  to  him  of  his  election. 

§ 229  Refusal  of  trustee  to  serve.  A trustee  who 
publicly  declares  that  he  will  not  accept  or  serve  in  the  office  of 
trustee,  or  refuses  or  neglects  to  attend  three  successive  meetings 
of  the  board,  of  which  he  is  duly  notified,  without  rendering  a 
good  and  valid  excuse  therefor  to  the  other  trustees  vacates  his 
office  by  refusal  to  serve. 

§ 230  Penalty  for  refusal  to  serve  or  perform  duty 

1 Every  person  chosen  or  appointed  to  a school  district  office 
and  being  duly  qualified  to  fill  the  same  who  shall  refuse  to  serve 
therein  shall  forfeit  the  sum  of  five  dollars. 


1 So  in  original. 


EDUCATION  DAW 


79 


2 Every  person  chosen  or  appointed  to  a school  district  office 
and  not  refusing  to  accept  the  same  who  shall  wilfully  neglect  or 
refuse  to  perform  any  duty  thereof  shall  by  such  neglect  or  refusal 
vacate  his  office  and  also  forfeit  the  sum  of  ten  dollars. 

3 The  school  commissioner  of  the  commissioner  district  wherein 
any  such  person  resides  may  accept  his  written  resignation  of  the 
office,  and  the  filing  of  such  resignation  and  acceptance  in  the 
office  of  the  district  clerk  shall  he  a bar  to  the  recovery  of  either 
penalty  under  this  section. 

4 These  penalties  shall  he  for  the  benefit  of  the  district  for 
which  such  officer  was  appointed  or  elected. 

§ 231  Resignation  of  district  officers.  A school  dis- 
trict officer  may  resign  to  a district  meeting.  Such  officer  shall 
also  be  deemed  to  have  resigned  if  he  files  a written  resignation 
with  the  school  commissioner  of  his  district  and  such  commissioner 
indorses  thereon  his  approval  and  files  the  same  with  the  district 
clerk. 

§ 232  Vacating  office.  1 A school  district  office  becomes 
vacant  by  the  death,  resignation,  refusal  to  serve,  incapacity,  re- 
moval from  the  district  or  from  office. 

2 The  collector  or  treasurer  vacates  his  office  by  not  executing 
a bond  to  the  trustees,  as  herein  required. 

3 A trustee  or  a member  of  a board  of  education  vacates  his 
office  by  the  acceptance  of  either  the  office  of  school  commissioner 
or  supervisor. 

§ 233  Filling  vacancy  in  office  of  trustee.  1 A va- 
cancy in  the  office  of  trustee  in  any  district  may  be  filled  by 
election  within  thirty  days  after  it  occurs.  If  not  so  filled  the 
school  commissioner  of  the  commissioner  district,  within  which 
the  schoolhouse  or  principal  schoolhouse  of  the  district  is  situ- 
ated, may  appoint  a competent  person  to  fill  it. 

2 If  a vacancy  in  the  office  of  trustee  in  a union  free  school 
district  exists  the  Commissioner  of  Education  may  order  a special 
election  for  filling  such  vacancy.  When  such  special  election  is 
ordered  the  vacancy  shall  not  be  filled  otherwise. 

3 If  such  vacancy  is  supplied  by  a district  meeting,  it  shall  be 
for  the  balance  of  the  unexpired  term;  but  when  such  vacancy 
is  supplied  by  appointment  by  a school  commissioner  it  shall  be 
only  until  the  next  annual  meeting  of  the  district. 


80 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 234  Filling  vacancy  in  office  of  clerk,  collector 
or  treasurer.  A vacancy  in  the  office  of  clerk,  collector  or 
treasurer,  may  be  filled  by  appointment  by  the  trustees  of  the  dis- 
trict, and  the  appointees  shall  hold  their  respective  offices  until  the 
next  annual  meeting  of  the  district,  and  until  their  successors  are 
elected  and  have  qualified. 

§ 235  Notice  of  appointment  to  fill  vacancy  and 
filing  thereof.  Every  appointment  to  fill  a vacancy  shall  be 
forthwith  filed,  by  the  school  commissioner  or  trustees  making 
it,  in  the  office  of  the  district  clerk,  who  shall  immediately  give 
notice  of  the  appointment  to  the  person  appointed. 

§ 236  District  records,  books  etc.,  are  district 
property.  The  records,  books  and  papers  belonging  or  apper- 
taining to  the  office  of  any  officer  of  a school  district  are  hereby 
declared  to  be  the  property  of  such  district  and  shall  be  open  for 
inspection  by  any  qualified  voter  of  the  district  at  all  reasonable 
hours,  and  any  such  voter  may  make  copies  thereof. 

ARTICLE  9 

District  Clerk;  Treasurer;  Collector 

Section  250  Duties  of  district  clerk 

251  Duties  of  district  treasurer 

252  Collector’s  bond 

253  Collector  to  disburse  teachers’  fund 

254  Clerk,  treasurer  and  collector  in  union  free  school  district 

255  Payments  and  reports  by  collector 

256  Liability  of  collector  for  moneys  lost 

257  Kemedy  of  trustees  against  collector  in  default 

§ 250  Dufies  of  district  clerk.  It  shall  be  the  duty  of 
the  clerk  of  each  school  district: 

1 To  record  the  proceedings  of  all  meetings  of  the  voters  of 
his  district  in  a book  to  be  provided  for  that  purpose  by  the  dis- 
trict, and  to  enter  therein  true  copies  of  all  reports  made  by  the 
trustees  to  the  school  commissioner. 

2 To  give  notice,  in  the  manner  prescribed  by  section  191,  of 
the  time  and  place  of  holding  special  district  meetings  called 
by  the  trustees. 

3 To  affix  a notice  in  writing  of  the  time  and  place  of  any 
adjourned  meeting,  when  the  meeting  shall  have  been  adjourned 
for  a longer  time  than  one  month,  in  at  least  five  of  the  most 
public  places  of  such  district,  at  least  five  days  before  the  time 
appointed  for  such  adjourned  meeting. 


EDUCATION  LAW 


81 


4r  To  give  the  required  notice  of  every  annual  district  meeting. 

5 To  give  notice  immediately  to  every  person  elected  or  ap- 
pointed to  office  of  his  election  or  appointment ; and  also  to  report 
to  the  town  clerk  of  the  town  in  which  the  schoolhouse  of  his 
district  is  situated,  the  names  and  post-office  addresses  of  such 
officers,  under  a penalty  of  five  dollars  for  neglect  in  each  instance. 

6 To  notify  the  trustees  of  every  resignation  duly  accepted  by 
the  school  commissioner. 

7 To  keep  and  preserve  all  records,  books  and  papers  belonging 
to  his  office  and  to  deliver  the  same  to  his  successor.  For  a refusal 
or  neglect  so  to  do,  he  shall  forfeit  fifty  dollars  for  the  benefit  of 
the  schools  of  the  district,  to  be  recovered  by  the  trustees. 

8 To  obey  the  order  of  the  school  commissioners  as  to  depositing 
the  books,  papers  and  records  of  his  office  in  the  town  clerk’s  office 
in  case  the  district  shall  be  dissolved. 

9 To  attend  all  meetings  of  the  board  of  trustees  when  notified, 
and  keep  a record  of  their  proceedings  in  a book  provided  for  that 
purpose. 

10  To  call  special  meetings  of  the  inhabitants  whenever  all 
the  trustees  of  the  district  shall  have  vacated  their  office. 

11  To  immediately  notify  the  county  treasurer  of  the  name 
and  address  of  persons  elected  to  the  office  of  district  treasurer,  if 
a treasurer  is  elected,  and  of  the  district  collector.  [Subdivision  11, 
added  by  L.  1916 , ch.  811f.~\ 

§ 251  Duties  of  district  treasurer.  1 The  treasurer 

of  a school  district  shall  be  the  custodian  of  all  moneys  belonging 
to  the  district  from  whatever  source  derived,  and  it  is  hereby 
made  the  duty  of  the  trustees  of  such  district  to  pay  to 
such  treasurer  any  and  all  moneys  that  may  come  into  their  hands 
belonging  to  such  district  derived  from  sales  of  personal  or  real 
property  of  the  district,  from  insurance  policies,  from  bonds  of 
the  district  issued  and  sold  by  them,  or  from  any  other  source 
whatever. 

2 The  collector  of  such  district  shall  pay  over  to  such  treasurer 
all  moneys  collected  by  him  under  and  by  virtue  of  any  tax  list 
and  warrant  issued  and  delivered  to  him. 

3 Such  treasurer  is  hereby  authorized  and  empowered  to 
demand  and  receive  from  the  supervisor  of  the  town  in  which  such 
school  district  is  situated  all  public  money  apportioned  to  said 
district. 


82  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

4 It  shall  be  the  duty  of  such  treasurer  within  ten  days  after 
notice  of  his  election  to  execute  and  deliver  to  the  trustees  of 
such  district,  his  bond  in  such  sum  as  shall  have  been  fixed  by  a 
district  meeting  or  as  such  trustees  shall  require,  with  at  least 
two  sureties  to  be  approved  by  such  trustees,  conditioned  to  faith- 
fully discharge  the  duties  of  his  office,  and  to  well  and  truly 
account  for  all  moneys  received  by  him,  and  to  pay  over  any  sums 
of  money  remaining  in  his  hands  to  his  successor  in  office.  Such 
bond  when  so  executed  and  approved  in  writing  by  such  trustees 
shall  be  filed  with  the  district  clerk. 

5-  Ho  moneys  shall  be  paid  out  or  disbursed  by  such  treasurer 
except  upon  the  written  orders  of  a sole  trustee,  or  a majority  of 
the  trustees. 

6 Such  treasurer  shall,  whenever  required  by  such  trustees 
report  to  them  a detailed  statement  of  the  moneys  received  by 
him,  and  his  disbursements,1  and  at  the  annual  meeting  of  such 
district  he  shall  render  a full  account  of  all  moneys  received  by 
him,  and  from  what  source,  and  when  received  and  all  disburse- 
ments made  by  him  and  to  whom  and  the  dates  of  such  disburse- 
ments respectively,  and  the  balance  of  moneys  remaining  in  his 
hands. 

§ 252  Collector’s  bond.  1 Within  such  time,  not  less 
than  ten  days,  as  the  trustees  shall  allow  him  for  the  purpose, 
the  collector,  before  receiving  the  first  warrant  for  the  collection  of 
money,  shall  execute  a bond  to  the  trustees,  with  one  or  more  sure- 
ties, to  be  approved  by  a majority  of  the  trustees,  in  such  amount 
as  the  district  meeting  shall  have  fixed,  or  if  such  meeting  shall 
not  have  fixed  the  amount  then  in  such  amount  as  the  trustees 
shall  deem  reasonable,  conditioned  for  the  due  and  faithful  execu- 
tion of  the  duties  of  his  office. 

2 The  trustees,  upon  receiving  said  bond,  shall,  if  they  approve 
thereof,  indorse  their  approval  thereon,  and  forthwith  deliver  the 
same  to  the  town  clerk  of  the  town  in  which  said  collector  resides, 
and  said  clerk  shall  file  the  same  in  his  office,  and  enter  in  a book 
to  be  kept  by  him  for  that  purpose,  a memorandum,  showing  the 
date  of  said  bond,  the  names  of  the  parties  and  sureties  thereto, 
the  amount  of  the  penalty  thereof,  and  the  date  and  time  of  filing 
the  same,  and  said  town  clerk  is  authorized  to  receive  as  a fee  for 
such  filing  and  memorandum  the  sum  of  twenty-five  cents,  which 
sum  is  hereby  made  a charge  against  the  school  district  interested 
in  said  bond. 


1 So  in  original. 


EDUCATION  LAW 


83 


§ 253  Collector  to  disburse  teachers’  fund.  1 The 

trustees  of  a school  district  which  has  not  a treasurer  may  direct 
by  resolution  duly  entered  on  the  minutes  of  their  proceedings  the 
collector  of  such  district  to  disburse  to  teachers  the  money  appor- 
tioned by  the  State  for  teachers’  salaries. 

2  The  collector  shall  thereupon  execute  a bond  to  the  trustees, 
with  two  or  more  sureties,  in  double  the  amount  of  the  last  appor- 
tionment, with  like  condition  of  sureties,  approval  of  trustees,  and 
amount  and  like  directions  as  to  filing  as  are  required  in  the 
preceding  section  for  a bond  for  the  collection  of  taxes,  and  con- 
ditioned also  for  the  due  and  faithful  execution  of  the  duties  of 
his  office  as  such  disbursing  agent. 

§ 254  Clerk,  treasurer  and  collector  in  union  free 
school  district.  1 In  every  union  free  school  district  the 
board  of  education  shall  have  power  to  appoint  one  of  their  num- 
ber, or  some  other  qualified  voter  in  said  district  who  is  not  a 
teacher  employed  therein  as  clerk  of  the  hoard  of  education  of 
such  district. 

2 Such  clerk  shall  also  act  as  clerk  of  said  district,  and  shall 
perform  all  the  clerical  and  other  duties  pertaining  to  his  office, 
and  for  his  services  he  shall  be  entitled  to  receive  such  compensa- 
tion as  shall  be  fixed  at  an  annual  meeting  of  such  district. 

3 In  case  no  provision  is  made  at  an  annual  meeting  for  the 
compensation  of  a clerk  the  board  of  education  may  fix  the  same. 

4 Said  board  of  education  in  every  union  free  school  district 
whose  limits  do  not  correspond  with  those  of  an  incorporated  vil- 
lage or  city  shall  appoint  a district  treasurer,  and  a collector  who 
shall  hold  office  during  the  pleasure  of  the  board.  The  board  shall 
also  fix  the  compensation  of  the  treasurer. 

5 Such  treasurer  and  collector  shall  each,  and  within  ten  days 
after  notice  in  writing  of  his  appointment,  duly  served  upon  him, 
and  before  entering  upon  the  duties  of  his  office,  execute  and 
deliver  to  the  said  board  of  education  a bond,  with  such  sufficient 
penalty  and  sureties  as  the  board  may  require,  conditioned  for 
the  faithful  discharge  of  the  duties  of  his  office ; and  in  case  such 
bond  shall  not  be  given  within  the  time  specified,  such  office  shall 
thereby  become  vacant,  and  said  board  shall  thereupon,  by  ap- 
pointment, fill  such  vacancy. 

6 So  much  of  this  section  as  relates  to  the  election  of  a clerk 
shall  not  apply  to  the  towns  of  Cortlandt  and  White  Plains  in 
Westchester  county. 


84 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 255  Payments  and  reports  by  collector.  1 The 

collector  shall  keep  in  his  possession  all  moneys  received  or  col- 
lected by  him  by  virtue  of  any  warrant,  or  received  by  him  from 
the  county  treasurer  or  board  of  supervisors  for  taxes  returned  as 
unpaid,  or  moneys  apportioned  by  the  State  or  raised  by  direct 
taxation  for  teachers’  wages  or  library,  and  pay  the  same  out  upon 
the  written  order  of  a majority  of  the  trustees. 

2 When  a treasurer  shall  have  been  elected  in  a district,  the 
collector  shall  pay  over  the  moneys  collected  by  him  by  virtue  of  his 
warrant,  to  said  treasurer  as  provided  in  section  251 ; and  he 
shall  report  in  writing,  at  the  annual  meeting,  all  his  collections, 
receipts  and  disbursements,  and  shall  report  to  the  supervisor 
on  or  before  the  first  Tuesday  of  March  in  each  year  the  amounts 
of  school  moneys  in  his  hands  not  paid  out  on  trustees’  orders, 
and  shall  pay  to  his  successor  in  office,  when  such  successor  has 
duly  qualified  and  given  a bond  as  required  by  section  252,  all 
moneys  in  his  hands  belonging  to  the  district. 

§ 256  Liability  of  collector  for  moneys  lost.  If 
by  the  neglect  of  the  collector  any  moneys  shall  be  lost  to  a school 
district,  which  might  have  been  collected  within  the  time  limited 
in  the  warrant  delivered  to  him  for  their  collection,  he  shall  for- 
feit to  such  district  the  amount  of  the  moneys  thus  lost,  and  shall 
account  for  and  pay  over  the  same  to  the  trustees  of  such  district, 
in  the  same  manner  as  if  they  had  been  collected. 

§ 257  Remedy  of  trustees  against  collector  in  de- 
fault. For  the  recovery  of  all  such  forfeitures,  and  of  all  bal- 
ances, in  the  hands  of  the  collector,  which  he  shall  have  neglected 
or  refused  to  pay  to  his  successor,  or  to  the  treasurer  of  such  dis- 
trict, the  trustees,  in  their  name  of  office,  shall  have  their  remedy 
upon  the  official  bond  of  the  collector,  or  any  action  and  any 
remedy  given  by  law ; and  they  shall  apply  all  such  moneys,  when 
recovered,  in  the  same  manner  as  if  paid  without  suit. 

ARTICLE  10 

Trustees 

Section  270  Trustees  constitute  a board  and  body  corporate 

271  Property  held  by  trustees  as  corporation 

272  Powers  and  duties  of  a sole  trustee 

273  Mode  of  exercise  of  trustees’  powers 

274  Powers  of  trustees  when  vacancies  on  board  exist 

275  Powers  and  duties  of  trustees 

276  Trustees’  annual  report 


EDUCATION  LAW 


85 


Section 


277  Annual  report  of  trustees  of  certain  joint  district* 

278  Trustees’  annual  report  to  district 

279  Penalty  for  failure  of  trustee  to  account 

280  Payment  by  trustee  to  successor 

281  Trustees’  right  to 1 action  against  predecessors 

282  Notice  of  nonpayment  of  moneys  apportioned 

283  Taxation  for  expenses  incurred  by  trustees 

284  Issuing  order  in  excess  of  available  funds  a misdemeanor 

285  Trustees  must  not  be  interested  in  district  contracts 


§ 270  Trustees  constitute  a board  and  body  cor- 
porate. The  sole  trustee  or  the  trustees  of  a school  district  shall 
constitute  a hoard  for  such  district  and  such  board  is  hereby 
created  a body  corporate. 

§ 271  Property  held  by  trustees  as  corporation. 

All  property  which  is  now  vested  in,  or  shall  hereafter  be  trans- 
ferred to  the  trustees  of  a district,  for  the  use  of  schools  in  the 
district,  shall  be  held  by  them  as  a corporation. 

§ 272  Powers  and  duties  of  a sole  trustee.  The  sole 
trustee  of  a district  shall  possess  all  the  powers  and  be  subject 
to  all  the  duties,  liabilities  and  penalties  which  the  law  imposes 
upon  a board  of  three  trustees. 

§ 273  Mode  of  exercise  of  trustees’  powers.  1 The 

powers  committed  by  law  to  the  trustees  of  a district  must  be  ex- 
ercised by  them  as  a board.  The  board  must  meet  for  the  trans- 
action of  business  in  accordance  with  notice  of  time  and  place. 

2 In  a board  composed  of  three  trustees,  when  only  two  meet 
to  deliberate  upon  any  matter,  and  the  third,  if  notified,  does  not 
attend,  or  the  three  meet  and  deliberate  thereon,  the  conclusion  of 
two  upon  the  matter,  and  their  order,  act  or  proceeding  in  relation 
thereto,  shall  be  as  valid  as  though  it  were  the  conclusion,  order, 
act  or  proceeding  of  the  three;  and  a recital  of  the  two  in  their 
minute  of  the  conclusion,  act  or  proceeding,  or  in  their  order,  act 
or  proceeding  of  the  fact  of  such  notice,  or  of  such  meeting  and 
deliberation,  shall  be  conclusive  evidence  thereof. 

3 A meeting  of  the  board  may  be  ordered  by  any  member 
thereof,  by  giving  not  less  than  twenty-four  hours’  notice  of  the 
same. 

§ 274  Powers  of  trustees  when  vacancies  on  board 
exist.  1 While  there  is  one  vacancy  in  the  office  of  trustee, 
the  two  trustees  shall  have  all  the  powers  and  be  subject  to  all 


1 So  in  original. 


86 


THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 


the  duties  and  liabilities  of  the  three.  And  while  there  are  two 
such  vacancies,  the  trustee  in  office  shall  have  all  the  powers  and 
be  subject  to  all  the  duties  and  liabilities  of  the  three,  as  though 
he  were  a sole-  trustee. 

2  When  a vacancy  shall  occur  in  the  office  of  trustee,  the 
board  shall  immediately  call  a special  meeting  of  the  district 
to  supply  such  vacancy. 

§ 275  Powers  and  duties  of  trustees.  It  shall  be  the 
duty  of  the  trustees  of  a school  district,  and  they  shall  have  power : 

1 To  call  special  meetings  of  the  inhabitants  of  such  districts 
whenever  they  shall  deem  it  necessary  and  proper. 

2 To  give  notice  of  special,  annual  and  adjourned  meetings  in 
the  manner  prescribed  in  this  chapter,  if  there  be  no  clerk  of  the 
district,  or  he  be  absent  or  incapable  of  acting,  or  shall  refuse 
to  act. 

3 To  make  out  a tax-list  of  every  district  tax  voted  by  a dis- 
trict meeting,  or  authorized  by  law,  which  shall  contain  the  names 
of  all  the  taxable  inhabitants  residing  in  the  district  at  the  time 
of  making  out  the  list,  and  the  amount  of  tax  payable  by  each 
inhabitant,  as  directed  in  article  fifteen  of  this  chapter. 

4 To  purchase  or  lease  such  schoolhouse  sites  and  other 
grounds  to  be  used  for  playgrounds,  or  for  agriculture,  athletic 
center  and  social  center  purposes,  and  to  purchase  or  build  such 
schoolhouses  as  a district  meeting  may  authorize;  to  hire  tem- 
porarily such  rooms  or  buildings  as  may  be  necessary  for  school 
purposes ; and  to  purchase  such  implements,  supplies  and  appara- 
tus as  may  be  necessary  to  provide  instruction  in  agriculture, 
or  to  equip  and  maintain  playgrounds,  and  to  conduct  athletic  and 
social  center  activities  in  the  district,  when  authorized  by  a 
vote  of  a district  meeting.  [ Subdivision  ty,  amended  by  L.  1913 , 
ch . 221.'] 

5 To  have  the  custody  and  safe-keeping  of  the  district  school- 
houses,  their  sites  and  appurtenances. 

6 To  insure  the  school  buildings,  furniture  and  school  ap- 
paratus in  some  company  created  by  or  under  the  laws  of  this 
State,  or  in  an  insurance  company  authorized  by  law  to  transact 
business  in  this  State,  and  to  comply  with  the  conditions  of  the 
policy,  and  raise  by  a district  tax  the  amount  required  to  pay  the 
premiums  thereon. 

7 To  insure  the  school  library  in  such  a company  in  a sum 
fixed  by  a district  meeting,  and  to  raise  the  premium  by  a dis- 
trict tax,  and  comply  with  the  conditions  of  the  policy. 


EDUCATION  LAW 


87 


8 To  contract  with  and  employ  as  many  legally  qualified 
teachers  as  the  schools  of  the  district  require;  to  determine  the 
rate  of  compensation  and  the  term  of  the  employment  of  each 
teacher  and  to  determine  the  terms  of  school  to  be  held  during 
each  school  year,  and  to  employ  persons  to  supervise,  organize, 
conduct  and  maintain  athletic,  playground  and  social  center 
activities  when  they  are  authorized  by  a vote  of  a district  meet- 
ing as  provided  by  law.  The  regular  teachers  of  the  school  may 
be  employed  at  an  increased  compensation  or  otherwise,  and  by 
separate  agreement,  written  or  oral,  for  one  or  more  of  such 
purposes.  [Subdivision  8,  amended  by  L.  1913 , ch.  221.] 

9 To  establish  rules  for  the  government  and  discipline  of  the 
schools. 

10  To  prescribe  the  course  of  studies  to  be  pursued  in  such 
schools.  Provisions  shall  be  made  for  instructing  pupils  in  all 
schools  supported  by  public  money,  or  under  state  control,  in  physi- 
ology and  hygiene,  with  special  reference  to  the  effect  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system,  and  in 
the  humane  treatment  and  protection  of  animals  and  birds. 
[Subdivision  10 , amended  by  L.  1917 , ch.  210 , in  effect  April  19, 
1917.] 

11  To  pay,  towards  the  wages  of  legally  qualified  teachers  the 
public  moneys  apportioned  to  the  district  for  such  purpose  by  giv- 
ing them  orders  therefor  on  the  supervisor,  or  on  the  collector  or 
treasurer  of  such  district  when  duly  qualified  to  receive  and  dis- 
burse the  same. 

12  To  collect  by  district  tax  an  amount  sufficient  to  pay  any 
judgment  or  the  salaries  of  teachers  for  the  current  school  year 
after  deducting  from  the  aggregate  amount  required  for  this  pur- 
pose the  amount  of  public  money  in  the  hands  of  the  supervisor, 
collector  or  treasurer  applicable  to  the  payment  of  teachers’  salaries 
and  to  pay  the  same  by  written  orders  on  the  collector  or  treasurer. 

13  To  draw  upon  the  supervisor,  the  collector  or  treasurer, 
when  duly  qualified  to  receive  and  disburse  the  same,  for  the 
school  moneys,  by  written  orders  signed  by  the  sole  trustee,  or 
where  there  are  three  trustees,  signed  by  a majority  of  said  trus- 
tees as  prescribed  by  subdivisions  1 and  2 of  section  360  of  this 
chapter. 

14  To  keep  each  of  the  schoolhouses  under  their  charge,  and 
its  furniture,  school  apparatus  and  appurtenances,  in  necessary  and 
proper  repair,  and  make  the  same  reasonably  comfortable  for  use, 


88 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


but  shall  not  expend  therefor  without  vote  of  the  district  an  amount 
to  exceed  fifty  dollars  in  any  one  year. 

15  To  make  any  repairs  and  abate  any  nuisances,  pursuant 
to  the  direction  of  the  school  commissioner  as  herein  provided, 
and  provide  fuel,  stoves  or  other  heating  apparatus,  pails,  brooms 
and  other  implements  necessary  to  keep  the  schoolhouses  and  the 
schoolrooms  clean,  and  make  them  reasonably  comfortable  for  use 
when  no  provision  has  been  made  therefor  by  a vote  of  the  district, 
or  the  sum  voted  by  the  district  for  said  purposes  shall  have  proved 
insufficient. 

16  To  provide  for  building  fires  and  cleaning  the  schoolrooms, 
and  for  janitor  work  generally  in  and  about  the  schoolhouse,  and 
pay  reasonable  compensation  therefor. 

17  To  provide  bound  blank-books  for  the  entering  of  their  ac- 
counts, the  records  of  the  district  and  the  proceedings  of  district 
and  trustee  meetings,  and  a list  of  the  movable  property  of  the 
district  and  they  shall  deliver  such  books  to  their  successors  in 
office. 

18  To  expend  in  the  purchase  of  a dictionary,  books,  repro- 
ductions of  standard  works  of  art,  maps,  globes  or  other  school 
apparatus,  including  implements,  apparatus  and  supplies  for  in- 
struction in  agriculture,  or  for  conducting  athletic  playgrounds 
and  social  center  activities,  a sum  not  exceeding  twenty-five  dollars 
in  any  one  year,  without  a vote  of  the  district.  [ Subdivision  18 
amended  by  L.  1913 , ch.  221 , and  by  L.  1911 ch.  216.~\ 

19  To  establish  temporary  or  branch  schools  in  such  places  in 
the  district  as  shall  best  accommodate  the  children,  and  to  hire 
rooms  or  buildings  therefor  and  to  fit  up  and  furnish  such  rooms 
or  buildings  in  a suitable  manner  for  conducting  school  therein 
when  it  is  shown : 

a That  any  considerable  number  of  the  children  residing  in  a 
portion  of  the  district  are  so  remote  from  the  schoolhouse  as  to 
render  it  difficult  for  them  to  attend  school  in  such  schoolhouse  in 
inclement  weather,  or ; 

b That  the  school  building  is  overcrowded  and  proper  accom- 
modations are  not  afforded  all  the  children  of  the  district,  or ; 

c That  for  any  other  sufficient  reason  suitable  and  proper 
school  facilities  are  not  provided  by  the  present  school  accommo- 
dations. 

Any  expenditure  made  or  liability  incurred  in  pursuance  of 
this  section  shall  be  a charge  upon  the  district. 


EDUCATION  LAW 


89 


§ 276  Trustees’  annual  report.  The  trustees  of  each 
district  shall  make  a full  report  to  the  Commissioner  of  Education 
upon  any  particular  matter  relating  to  their  schools  whenever 
such  report  shall  be  required  by  said  Commissioner.  The  trustees 
of  each  school  district  shall,  on  the  first  day  of  August  in  each 
year,  make  to  the  school  commissioner  a report  in  writing  for  the 
year  ending  on  July  thirty-first  preceding.  Such  report  shall  be 
in  such  form  as  the  Commissioner  of  Education  shall  prescribe. 
In  every  case  the  trustees  shall  sign  and  certify  to  said  report  and 
deliver  it  to  the  clerk  of  the  town,  in  which  the  schoolhouse  of 
the  district  is  situated ; and  every  such  report  shall  certify : 

1 The  whole  time  school  has  been  maintained  in  their  district 
during  the  year  ending  on  the  day  previous  to  the  date  of  such 
report,  and  stating  what  portion  of  the  time  such  school  has  been 
taught  by  qualified  teachers,  and  the  whole  number  of  days,  in1 
eluding  holidays,  in  which  the  school  was  taught  by  qualified 
teachers. 

2 The  amount  of  their  drafts  upon  the  supervisor,  collector  or 
treasurer  for  the  payment  of  teachers’  salaries  during  such  year, 
and  the  amount  of  their  drafts  upon  him  for  the  purchase  of  books 
and  school  apparatus  during  such  year,  and  the  manner  in  which 
such  moneys  have  been  expended. 

3 The  number  of  children  taught  in  the  district  school  during 
such  year  by  qualified  teachers,  and  the  aggregate  days’  attend 
ance  of  all  such  children  upon  the  school. 

4 The  number  of  children  residing  in  their  district,  over  five 
and  under  eighteen  years  of  age,  who  shall  have  been,  on  the 
thirtieth  day  of  August  last  preceding  the  date  of  such  report, 
legal  residents  of  such  district.  Children  supported  at  a county 
poor-house  or  an  orphan  asylum  shall  not  be  included  in  such 
enumeration. 

5 The  number  of  vaccinated  and  unvaccinated  children  of 
school  age  in  their  respective  districts. 

6 The  amount  of  money  paid  for  teachers’  salaries,  in  addition 
to  the  public  money  paid  therefor,  the  amount  of  taxes  levied  in 
said  district  for  purchasing  schoolhouse  sites,  for  building,  hir- 
ing, purchasing,  repairing  and  insuring  schoolhouses,  for  fuel, 
for  school  libraries,  or  for  any  other  purpose  allowed  by  law. 

7 Such  additional  information  in  relation  to  the  schools  under 
their  management  and  control  as  the  Commissioner  of  Education 
shall  require. 


1 So  in  original. 


90 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 277  Annual  report  of  trustees  of  certain  joint 
districts.  Where  a school  district  lies  in  two  or  more  counties, 
its  trustees  shall  file  their  annual  report  in  the  office  of  the  clerk 
of  the  town  in  which  the  principal  schoolhouse  of  the  district  is 
situated. 

§ 278  Trustees’  annual  report  to  district.  The 

trustees  shall  render  to  the  district,  at  its  annual  meeting,  a just, 
full  and  true  account  in  writing,  of  all  moneys  received  by  them 
respectively  for  the.  use  of  the  district,  or  raised  or  collected  by 
taxes,  the  preceding  year,  and  of  the  manner  in  which  the  same 
shall  have  been  expended,  and  showing  to  which  of  them  an  un- 
expended balance,  or  any  part  thereof,  is  chargeable;  and  of  all 
drafts  or  orders  made  by  them  upon  the  supervisor,  collector, 
treasurer  or  other  custodian  of  moneys  of  the  district ; and  a full 
statement  of  all  appeals,  actions  or  suits  and  proceedings  brought 
by  or  against  them,  and  of  every  special  matter  touching  the  con- 
dition of  the  district. 

§ 279  Penalty  for  failure  of  trustee  to  account. 

By  a wilful  neglect  or  refusal  to  render  such  account,  a trustee 
forfeits  any  unexpired  term  of  his  office,  and  becomes  liable  to 
the  trustees  for  any  district  moneys  in  his  hands. 

§ 280  Payment  by  trustee  to  successor.  An  outgoing 
trustee  shall  forthwith  pay,  to  his  successor  or  any  other  trustees 
of  the  district  in  office,  all  moneys  in  his  hands  belonging  to 
the  district. 

§ 281  Trustees’  right  of  action  against  prede- 
cessor. The  trustees  in  office  shall  sue  for  and  recover  any  dis- 
trict moneys  in  the  hands  of  any  former  trustee,  or  of  his  per- 
sonal representatives,  and  apply  them  to  the  use  of  the  district. 

§ 282  Notice  of  nonpayment  of  moneys  appor- 
tioned. If  any  portion  of  the  moneys  apportioned  to  the  dis- 
trict shall  not  be  paid  by  the  supervisor,  the  collector  or  treasurer, 
upon  the  due  requirement  of  the  trustees,  they  shall  forthwith 
notify  the  treasurer  of  the  county  and  the  Commissioner  of  Educa- 
tion of  the  fact. 

§ 283  Taxation  for  expenses  incurred  by  trustees. 

When  trustees  are  required  or  authorized  by  law,  or  by  a vote  of 
their  district,  to  incur  any  expenses  for  such  district,  and  when 
any  expenses  incurred  by  them  are  made,  by  express  provision 
of  law,  a charge  upon  such  district,  they  may  raise  the  amount 
thereof  by  tax  in  the  same  manner  as  if  the  definite  sum  to  be 
raised  had  been  voted  by  a district  meeting. 


EDUCATION  LAW 


9] 


§ 284  Issuing  order  in  excess  of  available  funds  a 
misdemeanor.  1 The  trustees  of  a school  district  shall  not 
issue  an  order  or  draft  upon  a supervisor,  collector  or  treasurer 
for  the  payment  of  the  salary  of  a teacher  unless  there  shall  he  in 
the  hands  of  such  supervisor,  collector  or  treasurer  at  the  time 
sufficient  money  belonging  to  the  district  to  meet  such  order  or 
draft. 

2 A violation  of  this  section  by  the  trustees  of  a district  shall 
be  a misdemeanor. 

§ 285  Trustees  must  not  be  interested  in  district 
contracts.  No  trustee  shall  be  personally  interested  directly  or 
indirectly  in  any  contract  which  he  makes  in  behalf  of  the  district. 

ARTICLE  11 

Boards  of  Education 

Section  300  Boards  of  education  corporate  bodies 

301  Board  of  education  in  district  whose  boundaries  are  not  coter- 

minous with  those  of  an  incorporated  village  or  city- 

302  Board  of  education  in  district  whose  boundaries  are  coterminous 

with  those  of  an  incorporated  village  or  city 

303  Provisions  for  separate  elections  in  certain  districts 

304  Determination  of  election  disputes 

305  Election  and  organization  of  board  of  education  in  new  district 

where  union  free  school  district  containing  two  incorporated 
villages  is  divided 

306  Annual  meetings  of  boards  of  education 

307  Change  in  number  of  members  of  board  of  education  in  union 

free  school  district  whose  boundaries 1 are  coterminous  with 
those  of  an  incorporated  village  or  city 

308  Change  in  number  of  members  of  board  of  education  in  union 

free  school  district  whose  boundaries  are  not  coterminous  with 
those  of  an  incorporated  village  or  city 

309  Power  of  removal  of  member  of  board  of  education 

310  Powers  and  duties  of  boards  of  education 

311  Night  schools;  kindergartens 

312  Appointment  of  superintendent  of  schools 

313  Regular  meetings;  visitation  of  schools 

314  Limitation  upon  expenditures 

315  Deposit,  custody  and  payment  of  moneys  in  cities  and  villages 

316  Moneys  and  accounts  in  union  free  school  districts  whose 

boundaries  are  not  the  same  as  the  boundaries  of  incorporated 
cities  and  villages 

317  Boards  of  education  have  powers  of  trustees  of  common  schools 

and  trustees  of  academies 


1 So  in  original. 


92  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

Section  318  Academy  may  be  adopted  as  academic  department 

319  Contracts  with  academies 

320  Retransfer  of  academy  to  its  former  trustee* 

321  Records;  reports 

322  Reports  to  Commissioner  of  Education 

323  Estimated  expenses  for  ensuing  year 

324  Vote  upon  school  taxes 

325  Levy  of  tax  for  certain  purposes  without  vote 

326  Reference  to  Commissioner  of  Education 

327  Corporate  authorities  must  raise  tax  certified  by  board  of 

education 

328  Application  of  this  article 

§ 300  Boards  of  education  corporate  bodies.  The 

board  of  education  of  each  union  free  school  district  or  city  is 
hereby  created  a body  corporate  and  it  shall,  at  its  first  meeting 
and  at  each  annual  meeting  thereafter,  elect  one  of  its  members 
president. 

§ 301  Board  of  education  in  district  whose  bound- 
aries are  not  coterminous  with  those  of  an  incor- 
porated village  or  city.  1 Whenever  a union  free  school 
district  shall  be  established  pursuant  to  the  provisions  of  sections 
141  to  145  of  this  chapter  and  the  boundaries  of  such  district 
shall  not  be  coterminous  with  the  boundaries  of  an  incorporated 
city  or  village,  it  shall  be  the  duty  of  the  meeting  at  which  such 
union  free  school  district  is  established  to  elect  by  ballot  not  less 
than  three  nor  more  than  nine  trustees,  who  shall,  by  the  order 
of  such  meeting,  be  divided  into  three  classes,  the  first  to  hold 
until  one,  the  second  until  two,  and  the  third  until  three  years 
from  the  first  Tuesday  of  August  next  following,  except  as  in 
the  next  section  provided.  Thereafter  there  shall  be  elected  in 
such  districts,  at  the  annual  meeting,  trustees  to  supply  the  places 
of  those  whose  terms  of  office,  by  the  classification  aforesaid, 
expire. 

2 The  trustees  thus  elected,  shall  enter  at  once  upon  their  of- 
fices, and  the  office  of  any  existing  trustees  in  such  districts,  before 
the  establishment  of  a union  free  school  therein,  shall  cease,  ex- 
cept for  the  purposes  stated  in  section  135  of  this  chapter.  The 
said  trustees  and  their  successors  in  office  shall  constitute  the 
board  of  education  of  the  union  free  school  district  thus  estab- 
lished. [Subdivision  2 amended  by  L.  1910 , ch.  lfl/-2.~\ 

§ 302.  Board  of  education  in  district  whose  bound- 
aries are  coterminous  with  those  of  an  incorporated 
village  or  city.  Whenever  said  board  of  education  shall  be 


EDUCATION  LAW 


93 


constituted  for  any  district  whose  limits  correspond  with 
those  of  any  incorporated  village  or  city,  the  trustees  so  elected 
shall,  by  the  order  of  such  meeting,  be  divided  into  three  classes: 
The  first  class  to  serve  until  one ; the  second,  until  two ; and  the 
third,  until  three  years  after  the  date  of  the  next  charter  election 
in  such  village  or  city,  and  their  regular  term  of  service  shall  be 
computed  from  the  several  dates  of  such  charter  elections.  There- 
after, there  shall  be  annually  elected  in  such  villages  and  cities,  at 
the  charter  elections,  by  separate  ballot,  to  be  indorsed  “ school 
trustee/’  in  the  same  manner  as  the  charter  officers  thereof,  trus- 
tees of  the  said  union  free  schools,  to  supply  the  places  of  those 
whose  terms  by  the  classification  aforesaid  expire. 

§ 303  Provisions  for  separate  elections  in  certain 
districts.  1 In  union  free  school  districts  whose  limits  do 
not  correspond  with  those  of  an  incorporated  village  or  city, 
and  in  which  the  number  of  children  of  school  age  exceeds  three 
hundred,  as  shown  by  the  last  annual  report  of  the  board  of  edu- 
cation to  the  school  commissioner,  the  qualified  voters  of  any 
such  district  may  by  a vote  of  a majority  of  those  present  and  vot- 
ing, at  any  annual  meeting,  or  at  any  duly  called  special  meeting, 
to  be  ascertained  by  taking  and  recording  the  ayes  and  noes,  deter- 
mine that  the  election  of  the  members  of  the  board  of  education 
shall  be  held  on  the  Wednesday  next  following  the  day  designated 
by  law  for  holding  the  annual  meeting  of  said  district. 

2 Until  such  determination  shall  be  changed,  such  election  shall 
be  held  on  the  Wednesday  next  following  the  day  on  which  such 
annual  meeting  of  such  district  shall  be  held  between  the  hours 
of  twelve  o’clock  noon  and  four  o’clock  in  the  afternoon  at  the 
principal  schoolhouse  in  the  district,  or  at  such  other  suitable 
place  as  the  trustees  may  designate. 

3 When  the  place  of  holding  such  election  is  other  than  at  the 
principal  schoolhouse,  the  trustees  shall  give  notice  thereof  by  the 
publication  of  such  notice,  at  least  one  week  before  the  time  of 
holding  such  election,  in  some  newspaper  published  in  the  district, 
or  by  posting  the  same  in  three  conspicuous  places  in  the  district. 
The  trustees  may,  by  resolution,  extend  the  time  of  holding  the 
election  from  four  o’clock  until  sunset. 

4 Such  members  of  the  board  of  education  as  may  be  present, 
shall  act  as  inspectors  of  election.  If  a majority  of  such  board 
shall  not  be  present  at  the  time  of  opening  the  polls,  those  mem- 
bers of  the  board  in  attendance  miay  appoint  any  of  the  legal 


94 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


voters  of  tlie  district  present,  to  act  as  inspectors  in  place  of  the 
absent  trustees;  and  if  none  of  the  board  of  education  shall  be 
present  at  the  time  of  opening  the  polls,  the  legal  voters  present 
may  choose  three  of  their  number  to  act  as  inspectors. 

5 The  clerk  of  the  board  of  education  shall  attend  at  the  elec- 
tion and  record  in  a book,  to  be  provided  for  that  purpose,  the 
name  of  each  elector  as  he  deposits  his  ballot.  If  the  clerk  of  the 
board  of  education  shall  be  absent,  or  shall  be  unable  or  refuse  to 
act,  the  board  of  education  or  inspectors  of  election  shall  appoint 
some  person  \vho  is  a legal  voter  in  the  district  to  act  in  his  place. 
Any  clerk  or  acting  clerk  who  shall  neglect  or  refuse  to  record  the 
name  of  a person  whose  ballot  is  received  by  the  inspectors,  shall 
be  liable  to  a fine  of  twenty-five  dollars,  to  be  sued  for  by  the 
supervisor  of  the  town. 

6 The  board  of  education  shall,  at  the  expense  of  the  district, 
provide  a suitable  box  in  which  the  ballots  shall  be  deposited  as 
they  are  received.  Such  ballots  shall  contain  the  names  of  the 
persons  voted  for,  and  shall  designate  the  office  for  which  each  of 
said  names  is  voted.  The  ballots  may  be  either  written  or  printed, 
or  partly  written  and  partly  printed.  The  inspectors  immediately 
after  the  close  of  the  polls  shall  proceed  to  canvass  the  votes.  They 
shall  first  count  the  ballots  to  determine  if  they  tally  with  the 
number  of  names  recorded  by  the  clerk,  and  if  they  exceed  that 
number,  enough  ballots  shall  be  withdrawn  to  make  them  corre- 
spond. Such  inspectors  shall  count  the  votes  and  announce  the 
result.  The  persons  having  a plurality 1 of  the  votes  respectively 
for  the  several  offices  shall  be  elected,  and  the  clerk  shall  record 
the  result  of  such  ballot  and  election  as  announced  by  the 
inspectors.  [Subdivision  6 amended  by  L.  1910,  ch.  Iflf2.~\ 

7 Whenever  the  time  for  holding  such  election,  as  aforesaid, 
shall  pass  without  such  election  being  held  in  any  such  district, 
a special  election  shall  be  called  by  the  board  of  education,  but 
if  no  such  election  be  called  by  said  board  within  twenty  days 
after  such  time  shall  have  passed,  the  school  commissioner  or  the 
Commissioner  of  Education  may  order  any  inhabitant  of  said  dis- 
trict to  give  notice  of  such  election  in  the  manner  prescribed  by 
section  193 ; and  the  officers  elected  at  such  special  election  shall 
hold  their  respective  offices  only  until  the  next  annual  election, 
and  until  their  successors  are  elected  and  shall  have  qualified, 
as  in  this  chapter  provided. 

1 The  former  law  provided  for  a majority  vote  to  elect.  The  amendment 
does  not  affect  union  free  school  districts  which  do  not  hold  elections  of  school 
officers  on  the  Wednesday  following  the  annual  meeting. 


EDUCATION  LAW 


95 


8 The  foregoing  provisions  shall  not  apply  to  union  free  school 
districts  in  cities,  nor  to  union  free  school  districts  whose  bound- 
aries correspond  with  those  of  an  incorporated  village,  nor  to  any 
school  district  organized  under  a special  act  of  the  Legislature,  in 
which  the  time,  manner  and  form  of  the  election  of  district  officers 
shall  be  different  from  that  prescribed  for  the  election  of  officers 
in  union  free  school  districts,  organized  under  the  general  law, 
nor  to  any  of  the  union  free  school  districts  in  the  counties  of  Suf- 
folk, Chenango,  Warren  and  Saint  Lawrence.  [Subdivision  8 
amended  by  L.  1917,  ch.  270,  in  effect  April  27,  191 7.] 

§ 304  Determination  of  election  disputes.  All  dis- 
putes concerning  the  validity  of  any  district  election  or  of  any  of 
the  acts  of  the  officers  of  such  election  shall  be  referred  to  the  Com- 
missioner of  Education  for  determination  and  his  decision  in  the 
matter  shall  be  final  and  not  subject  to  review.  The  Commissioner 
may  in  his  discretion  order  a new  election. 

§ 305  Election  and  organization  of  board  of  edu- 
cation in  ner  district  where  union  free  school  dis- 
trict containing  two  incorporated  villages  is  divided. 
1 Within  ten  days  after  the  school  commissioner  shall  have  desig- 
nated any  separate  school  district  organized  under  the  provisions 
of  sections  130  aind  131  of  this  chapter,  he  shall  call  a special 
meeting  of  the  qualified  voters  of  such  school  district  at  a time 
and  place  to  be  named  by  him  to  elect  a board  of  education  to 
consist  of  six  members,  two  of  whom  shall  be  elected  for  one 
year,  two  for  two  years  and  two  for  three  years  from  the  date  of 
the  annual  school  meeting  next  succeeding  such  special  meeting. 
The  call  for  such  special  meeting  shall  be  published  in  the  manner 
provided  in  section  130  for  calling  a special  meeting  to  determine 
as  to  whether  the  school  district  shall  be  divided. 

2 The  school  commissioner  shall  call  such  special  meeting  to 
order  and  the  voters  present  shall  elect  a chairman  and  secretary 
for  such  meeting  and  appoint  three  tellers  to  canvass  the  votes 
cast.  After  the  votes  shall  have  been  canvassed  the  chairman  and 
secretary  shall  forthwith  certify  the  result  of  such  canvass  to  the 
said  school  commissioner,  who  shall  within  five  days  thereafter 
convene  the  members  of  the  board  of  education,  shown  by  said 
certificate  to  have  been  elected,  for  the  purpose  of  organization, 
and  said  certificate  of  the  result  of  such  canvass  shall  thereupon 
become  a part  of  the  record  of  said  school  district. 


96 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 306  Annual  meetings  of  boards  of  education. 

1  The  annual  meeting  of  the  board  of  education  of  every  union 
free  school  district  whose  limits  do  not  correspond  with  those  of  an 
incorporated  village  or  city  shall  be  held  on  the  first  Tuesday  in 
August  of  each  year,  except  in  districts  in  which  the  annual  meet- 
ing is  held  on  the  first  Tuesday  in  August,  in  which  case  the  annual 
meeting  of  the  board  of  education  of  such  district  shall  be  held  on 
the  second  Tuesday  in  August. 

2  The  annual  meeting  of  the  board  of  education  of  every  union 
free  school  district  whose  limits  correspond  with  those  of  an 
incorporated  village  or  city  shall  be  held  on  the  Tuesday  next 
after  the  election  of  the  members  of  such  board  at  the  annual 
charter  election  of  the  village  or  city.  [ Amended  by  L.  1911 , 
di.  830  and  L.  1915,  ch.  232.] 

§ 307  Change  in  number  of  members  of  board  of 
education  in  union  free  school  district  whose  bound- 
aries are  coterminous  with  those  of  an  incorporated 
village  or  city.  The  number  of  members  of  the  board  cf 
education  of  a union  free  school  district  whose  limits  correspond 
with  those  of  an  incorporated  village  or  city,  may  be  increased  to 
not  more  than  nine  or  decreased  to  not  less  than  three  in  the  fol- 
lowing manner: 

1 The  board  of  education  of  such  union  free  school  district, 
shall,  upon  the  application  of  at  least  fifteen  resident  taxpayers 
of  such  district,  submit  to  a special  meeting,  held  at  least  thirty 
days  prior  to  the  annual  charter  election,  in  such  village  or  city, 
a proposition  for  the  increase  or  decrease  of  the  number  of  mem- 
bers of  the  board  of  education  to  a number  specified  in  the 
proposition. 

2 Such  special  meeting  shall  be  called  and  held  in  the  manner 
prescribed  by  subdivision  2 of  section  193  of  this  chapter. 

3 If  such  proposition  is  adopted  and  it  is  determined  thereby 
to  increase  the  number  of  members  of  the  board  of  education  of 
such  district,  there  shall  be  elected  at  the  next  ensuing  annual 
village  or  city  election,  a sufficient  number  of  members  of  the 
board  of  education  so  that  the  total  number  of  members  of  the 
board  will  be  the  number  specified  in  such  proposition.  Such 
additional  members  shall  be  elected  for  such  terms  so  that  as 
nearly  as  possible  the  terms  of  one-third  of  the  members  of  such 
board  will  expire  annually.  Successors  to  such  additional  mem- 
bers shall  be  elected  in  like  manner. 


EDUCATION  LAW 


97 


4 If  such  proposition  is  adopted  and  it  is  determined  thereby 
to  decrease  the  number  of  the  board  of  education  in  such  district, 
no  members  of  the  board  of  education  of  such  district  shall  there- 
after be  elected  until  by  expiration  of  term  the  number  of  mem- 
bers of  the  board  of  education  will  be  less  than  the  number  speci- 
fied in  such  proposition;  and  thereafter  the  number  of  members 
of  the  board  of  education  of  such  district  shall  be  the  number 
specified  in  such  proposition.  Hot  more  than  one  proposition 
under  this  section  shall  be  submitted  in  any  calendar  year. 

§ 308  Change  in  number  of  members  of  board  of 
education  in  union  free  school  district  whose  bound- 
aries are  not  coterminous  with  those  of  an  incor- 
porated village  or  city.  1 The  number  of  members  of  the 
board  of  education  of  a union  free  school  district  whose  limits 
do  not  correspond  with  those  of  an  incorporated  village  or  city 
may  be  increased  or  decreased  at  an  annual  meeting  by  a ma- 
jority vote  of  the  qualified  voters  present  and  voting  to  be  ascer- 
tained by  taking  and  recording  the  ayes  and  noes.  The  number  of 
such  board  shall  not  be  increased  to  more  than  nine  nor  decreased 
to  less  than  three. 

2 Ho  vote  shall  be  taken  upon  the  proposition  to  increase  or  de- 
crease the  number  of  members  of  such  board  of  education  unless 
the  notice  of  the  annual  meeting  shall  contain  a statement  to  the 
effect  that  the  voters  of  such  district  will  vote  upon  such  proposi- 
tion. The  board  of  education  of  any  such  district  shall,  upon  the 
application  of  at  least  fifteen  voters  of  such  district,  include  in  the 
notice  of  the  annual  meeting  a statement  that  the  proposition  to 
increase  or  decrease  such  board  will  be  presented  to  the  annual 
meeting  for  determination.  If  the  board  refuses  or  fails  to  give 
such  notice  the  notice  may  be  given  in  such  manner  as  the  Commis- 
sioner of  Education  may  direct. 

3 If  any  such  board  shall  consist  of  less  than  nine  members  and 
such  meeting  shall  determine  to  increase  the  number,  such  meeting 
shall  elect  the  additional  number  so  determined  upon  and  shall 
divide  such  number  into  three  classes,  the  first  to  hold  office  one 
year,  the  second  two  years  and  the  third  three  years. 

4 If  such  meeting  shall  determine  to  diminish  the  number  of 
members  composing  such  board,  no  election  shall  be  held  in  such 
district  to  fill  the  vacancies  of  the  outgoing  members  until  the 
number  of  such  members  shall  correspond  to  the  number  which 
such  meeting  shall  determine  to  compose  such  board. 

4 


98 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 309  Power  of  removal  of  member  of  board  of 
education.  For  cause  shown,  and  after  giving  notice  of  the 
charge  and  opportunity  of  defense,  the  Commissioner  of  Educa- 
tion may  remove  any  member  of  a board  of  education.  Wilful 
disobedience  of  any  lawful  requirement  of  the  commissioner  of 
education,  or  a want  of  due  diligence  in  obeying  such  requirement 
or  wilful  violation  or  neglect  of  duty  is  cause  for  removal. 

§ 310  Powers  and  duties  of  boards  of  education. 

The  said  board  of  education  of  every  union  free  school  district 
shall  have  power,  and  it  shall  he  their  duty: 

1 To  adopt  such  by-laws  and  rules  for  its  government  as  shall 
seem  proper  in  the  discharge  of  the  duties  required  under  the 
provisions  of  this  chapter. 

2 To  establish  such  rules  and  regulations  concerning  the  order 
and  discipline  of  the  schools,  in  the  several  departments  thereof, 
as  they  may  deem  necessary  to  secure  the  best  educational  results. 

3 To  prescribe  the  course  of  study  by  which  the  pupils  of  the 
schools  shall  be  graded  and  classified,  and  to  regulate  the  admis- 
sion of  pupils  and  their  transfer  from  one  class  or  department  to 
another,  as  their  scholarship  shall  warrant. 

4 To  prescribe  the  textbooks  to  be  used  in  the  schools,  and  to 
compel  a uniformity  in  the  use  of  the  same,  pursuant  to  the  pro- 
visions of  this  chapter,  and  to  furnish  the  same  to  pupils  out  of 
any  moneys  provided  for  that  purpose. 

5 To  make  provision  for  the  instruction  of  pupils  in  physi- 
ology and  hygiene  with  special  reference  to  the  effect  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system,  and  in 
the  humane  treatment  and  protection  of  animals  and  birds. 
[Subdivision  5 amended  by  L.  191 7,  ch.  210 , in  effect  April  19, 
1917.'] 

6 To  purchase  sites,  or  additions  thereto,  for  recreation 
grounds  for  agricultural  purposes,  and  for  schoolhouses  for  the 
district,  when  designated  by  a meeting  of  the  district ; and  to  con- 
struct such  schoolhouses  and  additions  thereto  as  may  be  so 
designated;  to  purchase  furniture  and  apparatus  for  such  school- 
houses,  and  to  keep  the  furniture  and  apparatus  therein  in  repair ; 
and,  when  authorized  by  such  meeting,  to  purchase  implements, 
supplies,  and  apparatus  for  agricultural,  athletic,  playground, 
and  social  center  purposes.  [Subdivision  6 amended  by  L.  1913, 
ch.  221.] 


EDUCATION  LAW 


99 


7 To  hire  rooms  in  which  to  maintain  and  conduct  schools 
when  the  rooms  in  the  schoolhouses  are  overcrowded,  or  when 
such  schoolhouses  are  destroyed,  injured  or  damaged  by  the  ele- 
ments, and  to  fit  up  and  furnish  such  rooms  in  a suitable  manner 
for  conducting  schools  therein. 

8 To  insure  the  schoolhouses  and  their  furniture,  apparatus 
and  appurtenances,  and  the  school  library,  in  some  company  cre- 
ated by  or  under  the  laws  of  this  State,  or  in  some  insurance  com- 
pany authorized  by  law  to  transact  business  in  this  State,  and  to 
comply  with  the  conditions  of  the  policy,  and  raise  the  sums  paid 
for  premiums  by  district  tax. 

9 To  take  charge  and  possession  of  the  schoolhouses,  sites, 
lots,  furniture,  books,  apparatus,  and  all  school  property  within 
their  respective  districts ; and  the  title  of  the  same  shall  be  vested 
respectively  in  said  board  of  education. 

10  To  sell,  when  authorized  by  a vote  of  the  qualified  voters 
of  the  school  district,  any  former  school  site  or  lot,  or  any  real 
estate  the  title  to  which  is  vested  in  the  board,  and  the  buildings 
thereon,  and  appurtenances  or  any  part  thereof,  at  such  price  and 
upon  such  terms  as  said  voters  shall  prescribe,  and  to  convey  the 
same  by  deed  to  be  executed  by  the  board  or  a majority  of  the 
members  thereof.  Also  to  exchange  real  estate  belonging  to  the 
district  for  the  purpose  of  improving  or  changing  schoolhouse 
sites. 

11  To  take  and  hold  for  the  use  of  the  said  schools  or  of 
any  department  of  the  same,  any  real  estate  transferred  to  it  by 
gift,  grant,  bequest  or  devise,  or  any  gift,  legacy  or  annuity,  of 
whatever  kind,  given  or  bequeathed  to  the  said  board,  and  apply 
the  same,  or  the  interest  or  proceeds  thereof,  according  to  the  in- 
structions of  the  donor  or  testator. 

12  To  have  in  all  respects  the  superintendence,  management 
and  control  of  said  union  free  schools,  and  to  establish  therein, 
in  conformity  with  the  Regents  rules,  an  academic  department, 
whenever  in  their  judgment  the  same  is  warranted  by  the  de- 
mand for  such  instruction ; to  receive  into  said  union  free  schools 
any  pupils  residing  out  of  said  district,  and  to  regulate  and  estab- 
lish the  tuition  fees  of  such*  nonresident  pupils  in  the  several  de- 
partments of  said  schools. 

13  To  provide  fuel,  furniture,  apparatus  and  other  necessaries 
for  the  use  of  said  schools. 

14  To  appoint  such  librarians  as  they  may  from  time  to  time 
deem  necessary. 


100 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


15  To  contract  with  and  employ  such  persons  as  by  the  pro- 
visions of  this  chapter  are  qualified  teachers,  to  determine  the 
number  of  teachers  to  be  employed  in  the  several  departments  of 
instruction  in  said  school,  and  at  the  time  of  such  employment, 
to  make  and  deliver  to  each  teacher  a written  contract  as  required 
by  section  561  of  this  chapter;  and  employ  such  persons  as  may 
be  necessary  to  supervise,  organize,  conduct  and  maintain  athletic, 
playground  and  social  center  activities,  or  for  any  one  or  more  of 
such  purposes.  The  regular  teachers  of  the  school  may  be 
employed  at  an  increased  compensation  or  otherwise,  and  by 
separate  agreement,  written  or  oral,  for  one  or  more  of  such  pur- 
poses. [ Subdivision  15  amended  by  L.  1918 , ch.  221.] 

16  To  fill  any  vacancy  which  may  occur  in  said  board  by 
reason  of  the  death,  resignation,  removal  from  office  or  from  the 
school  district,  or  refusal  to  serve,  of  any  member  or  officer  of  said 
board;  and  the  person  so  appointed  in  the  place  of  any  such  mem- 
ber of  the  board  shall  hold  his  office  until  the  next  annual  election 
of  trustees. 

17  To  remove  any  member  of  their  board  for  official  miscon- 
duct. But  a written  copy  of  all  charges  made  of  such  miscon- 
duct shall  be  served  upon  him  at  least  ten  days  before  the  time 
appointed  for  a hearing  of  the  same;  and  he  shall  be  allowed  a 
full  and  fair  opportunity  to  refute  such  charges  before  removal. 

18  To  provide  and  maintain  suitable  and  convenient  water- 
closets  as  provided  in  section  457  of  this  chapter. 

19  To  borrow  money  in  anticipation  of  taxes  remaining  uncol- 
lected which  have  been  levied  by  such  district  for  the  current 
fiscal  year,  and  not  in  excess  thereof,  whenever  in  the  discretion 
of  the  board  of  education  it  shall  be  necessary  to  do  so  for  the 
purpose  of  paying  the  current  expenses  of  the  district  for  such 
current  fiscal  year,  by  issuing  certificates  of  indebtedness,  in  the 
name  of  the  board  of  education,  signed  by  the  president  and 
clerk  thereof,  which  certificates  must  be  payable  within  such 
current  fiscal  year  or  within  nine  months  thereafter,  and  shall 
bear  interest  at  a rate  not  exceeding  six  per  centum  per  annum. 

20  To  raise  by  tax  upon  the  property  of  the  district  any  mon- 
eys required  to  pay  the  salary  of  teachers  employed  after  apply- 
ing thereto  the  school  moneys  apportioned  to  the  district  by  the 
State. 

21  To  provide  for  the  medical  inspection  of  all  children  in 
attendance  upon  schools  under  their  supervision  whenever  in 


EDUCATION  LAW 


101 


their  judgment  such  inspection  shall  be  necessary  and  to  pay  any 
expense  incurred  therefor  out  of  funds  authorized  by  the  voters 
of  the  district  or  city  or  which  may  properly  be  set  aside  for  such 
purpose  by  the  common  council  or  the  board  of  estimate  and  ap- 
portionment of  a city.  Provided,  however,  that  no  such  funds 
shall  be  appropriated  or  authorized  by  the  voters  of  a union  free 
school  district  situate  wholly  within  a city  of  the  third  class,  un- 
less the  board  of  education  shall  incorporate  in  the  notice  of  the 
annual  meeting  or  election  a statement  to  the  effect  that  at  such 
meeting  or  election  a proposition  to  appropriate  such  funds  will 
be  voted  upon,  specifying  the  amount.  [, Subdivision  21  added 
by  L.  1910 , ch.  602 , and  amended  by  L.  1912 , ch.  215.] 

§ 311  Kindergartens;  niglit  schools.  The  board  of 
education  of  each  school  district  and  of  each  city  may  maintain 
kindergartens  which  shall  be  free  to  resident  children  between 
the  ages  of  four  and  six  years. 

Night  schools  wherein  the  common  branches  and  such  addi- 
tional subjects  as  may  be  adapted  to  students  applying  for  instruc- 
tion are  taught  on  three  nights  each  week,  for  two  hours  each 
night,  shall  be  maintained  by  the  board  of  education: 

1 In  each  city  of  the  first  class  throughout  the  duration  of  the 
day  school  term. 

2 In  each  city  of  the  second  class  on  at  least  one  hundred 
nights. 

3 In  each  city  of  the  third  class  on  at  least  eighty  nights. 

4 In  each  city  not  subject  to  the  foregoing  provisions  and  in 
each  school  district  where  twenty  or  more  minors  between  the 
ages  of  sixteen  and  twenty-one  years  are  required  to  attend  school, 
or  where  twenty  or  more  persons  over  the  age  of  sixteen  years 
make  applications  for  instruction  in  a night  school,  for  at  least 
seventy-five  nights. 

All  night  schools  shall  be  free  to  all  persons  residing  in  the 
districts  or  city. 

[Amended  by  L.  1918,  ch.  1^09,  in  effect  September  1,  1918.] 

§ 312  Appointment  of  superintendent  of  schools. 

1 In  any  union  free  school  district  having  a population  of  five 
thousand  or  more,  which  fact  shall  be  determined  by  the  Commis- 
sioner of  Education,  as  provided  in  section  492  of  this  chapter, 
the  board  of  education  may  appoint  a superintendent  of  schools. 

2 Such  superintendent  shall  be  under  the  direction  of  the  board 
of  education,  which  shall  prescribe  his  powers  and  duties.  He 
shall  be  paid  a salary  from  the  teachers’  fund,  to  be  fixed  by  the 


102  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

board  of  education,  and  be  may  be  removed  from  office  by  a vote 
of  the  majority  of  all  the  members  of  such  board.  Whenever  such 
superintendent  shall  be  appointed,  the  said  union  free  school  dis- 
trict shall  be  entitled  to  the  benefits  of  the  provisions  of  section 
four  hundred  tnd1  ninety-two  of  this  chapter. 

§ 313  Regular  meetings;  visitation  of  schools.  1 
It  shall  be  the  duty  of  each  board  of  education  elected  pursuant  to 
the  provisions  of  this  article  to  have  a.  regular  meeting  at  least 
once  in  each  quarter. 

2 Each  board  shall  appoint  one  or  more  committees,  to  visit 
every  school  or  department  under  its  supervision  and  such  com- 
mittee shall  visit  such  schools  at  least  twice  in  each  quarter,  and 
report  at  the  next  regular  meeting  of  the  board  on  the  condition 
thereof. 

3 The  meetings  of  all  such  boards  shall  be  open  to  the  public, 
but  said  boards  may  hold  executive  sessions,  at  which  sessions 
only  the  members  of  such  boards  or  the  persons  invited  shall  be 
present. 

§ 314  Limitation  upon  expenditures.  Ho  board  of 
education  shall  incur  a district  liability  in  excess  of  the  amount 
appropriated  by  a district  meeting  unless  such  board  is  specially 
authorized  by  law  to  incur  such  liability. 

§ 315  Deposit,  custody  and  payment  of  moneys  in 
cities  and  villages.  1 All  moneys  raised  for  the  support  of 
schools  in  any  city  or  in  any  union  free  school  district  whose 
boundaries  are  coterminous  with  the  boundaries  of  an  incorpo- 
rated village  or  apportioned  to  the  same  by  the  Education  Depart- 
ment or  otherwise,  shall  be  paid  into  the  treasury  of  such  city  or 
village  to  the  credit  of  the  board  of  education  therein;  and  the 
funds  so  received  into  such  treasury  shall  be  kept  separate  and 
distinct  from  any  other  funds  received  into  the  said  treasury. 
And  the  officer  having  the  charge  thereof  shall  give  such  additional 
security  for  the  safe  custody  thereof  as  the  corporate  authorities 
of  such  city  or  village  shall  require. 

2 Ho  money  shall  be  drawn  from  such  funds,  credited  to  the 
several  boards  of  education,  unless  in  pursuance  of  a resolution 
of  said  board,  and  on  drafts  drawn  by  the  president  and  counter 
signed  by  the  secretary  or  clerk,  payable  to  the  order  of  the  per- 
sons entitled  to  receive  such  money,  and  stating  on  their  face  the 
purpose  or  service  for  which  such  moneys  have  been  authorized 
to  be  paid  by  the  said  board  of  education. 


1 So  in  original. 


EDUCATION  LAW 


103 


§ 316  Moneys  and  accounts  in  union  free  school 
districts  whose  boundaries  are  not  the  same  as  the 
boundaries  of  incorporated  cities  and  villages.  1 

All  moneys  raised  in  a union  free  school  district  whose  limits  do 
not  correspond  with  those  of  a city  or  an  incorporated  village,  or 
apportioned  thereto  by  the  Education  Department  or  otherwise, 
shall  be  paid  to  the  treasurer  of  the  district  entitled  to  receive 
the  same,  and  be  applied  to  the  uses  of  the  district  and  the  board 
shall  annually  render  their  accounts  of  all  moneys  received  and 
expended  by  them  for  the  use  of  said  schools. 

2 No  money  shall  be  drawn  from  such  funds  in  possession  of 
such  treasurer,  unless  in  pursuance  of  a resolution  of  said  board, 
and  on  drafts  drawn  by  the  president  and  countersigned  by  the 
clerk  payable  to  the  order  of  the  persons  entitled  to  reecive1  such 
money,  and  stating  on  their  face  the  purpose  or  service  for  which 
said  moneys  have  been  authorized  to  be  paid  by  the  said  board 
of  education. 

§ 317  Boards  of  education  have  powers  of  trus- 
tees of  common  schools  and  trustees  of  academies. 

The  board  of  education  shall  possess  all  the  powers  and  privi- 
leges, and  be  subject  to  all  the  duties  in  respect  to  the  common 
schools,  or  the  common  school  departments  in  any  union  free 
school  in  said  districts,  which  the  trustees  of  common  schools 
possess  or  are  subject  to  under  this  chapter,  not  specially  provided 
for  in  this  article,  and  not  inconsistent  with  the  provisions  of  this 
article;  and  to  enjoy,  whenever  an  academic  department  shall  be 
by  them  established,  all  the  immunities  and  privileges  now  en- 
joyed by  the  trustees  of  academies  in  this  State. 

§ 318  Academy  may  be  adopted  as  academic  de- 
partment. Whenever  a union  free  school  shall  be  established 
under  the  provisions  of  article  5,  and  there  shall  exist  within 
its  district  an  academy,  the  board  of  education,  when  authorized 
by  a vote  of  the  voters  of  the  district,  may  adopt  such  academy  as 
the  academic  department  of  the  district,  with  the  consent  of  the 
trustees  of  the  academy,  and  thereupon  the  trustees  by  a resolu- 
tion to  be  attested  by  the  signatures  of  the  officers  of  the  board 
and  filed  in  the  office  of  the  clerk  of  the  county,  shall  declare  their 
offices  vacant,  and  thereafter  the  said  academy  shall  be  the  aca- 
demic department  of  such  union  free  school.  The  board  of  edu- 
cation when  thereto  authorized  by  a vote  of  the  qualified  voters 


1 So  in  original. 


104 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  the  district  may  lease  said  academy  and  site,  and  maintain 
the  academic  department  of  such  union  free  school  therein  and 
thereon. 

§ 319  Contracts  with  academies.  The  board  of  edu- 
cation of  a union  free  school  district,  with  the  approval  of  the 
Commissioner  of  Education,  may  adopt  an  academy  as  the  acad- 
emic department  thereof,  and  contract  for  the  instruction  therein 
of  pupils  of  academic  grade,  residing  in  the  district.  The  academy 
thereupon  becomes  the  academic  department  of  such  union  free 
school,  and  the  district  is  entitled  to  the  same  rights  and  privi- 
leges, is  subject  to  the  same  duties,  and  the  apportionment  and 
distribution  of  state  school  money  shall  be  made  to  it,  as  if  an 
academic  department  had  been  established  in  such  school. 

§ 320  Retransfer  of  academy  to  its  former  trus- 
tees. If  there  shall  be,  in  a dissolved  union  free  school  district, 
an  academy  which  shall  have  been  adopted  as  the  academic  de- 
partment of  the  union  free  school,  under  the  provisions  of  title 
9,  chapter  555  of  the  Laws  of  1864,  and  any  amendment  thereof, 
or  title  8 of  chapter  556  of  the  Laws  of  1894,  and  any  amend- 
ment thereof,  or  under  this  chapter,  it  shall,  upon  the  application 
of  a majority  of  the  surviving  resident  former  trustees  or  stock- 
holders, be  transferred  by  the  board  of  education  to  said  former 
trustees  or  stockholders. 

§ 321  Records;  reports.  It  shall  be  the  duty  of  the 
board  of  education  to  keep  an  accurate  record  of  all  its  pro- 
ceedings in  books  provided  for  that  purpose.  It  shall  also  be  the 
duty  of  said  board  to  cause  to  be  published  once  in  each  year, 
during  the  month  of  July,  in  at  least  one  public  newspaper, 
printed  in  such  district,  a full  and  detailed  account  of  all  moneys 
received  by  the  board  or  the  treasurer  of  said  district,  for  its 
account  and  use,  and  of  all  the  moneys  expended  therefor,  giving 
the  items  of  expenditure  in  full ; should  there  be  no  paper  pub- 
lished in  said  district  said  board  shall  publish  such  account  by 
notice  to  the  taxpayers,  by  posting  copies  thereof  in  five  public 
places  in  said  district.  [ Amended  by  L.  1919,  ch.  7 If,  in  effect 
March  20,  1919.'] 

§ 322  Reports  to  Commissioner  of  Education.  1 

The  board  of  education  of  each  district  and  of  each  city  shall 
make  such  detailed  report  and  in  such  form  upon  any  matter 
relating  to  the  schools  under  their  management  and  control  as  the 
Commissioner  of  Education  shall  from  time  to  time  require. 


EDUCATION  LAW 


105 


2 Such  board  of  education  shall  also  make  an  annual  report 
giving  the  information  relating  to  their  schools  required  of  trustees 
under  section  276  of  this  chapter.  Such  report  shall  also  con- 
tain such  information  as  the  Commissioner  of  Education  shall 
require  and  shall  be  in  the  form  prescribed  by  him.  Such  report 
shall  be  made  on  the  first  day  of  August  of  each  year  and,  in  the 
case  of  a board  of  education  of  a union  free  school  district,  shall 
be  delivered  to  the  town  clerk  of  the  town  in  which  the  school- 
house  of  such  district  is  located. 

§ 323  Estimated  expenses  for  ensuing;  year.  It 
shall  be  the  duty  of  the  board  of  education  of  each  district  to 
present  at  the  annual  meeting  a detailed  statement  in  writing  of 
the  amount  of  money  which  will  be  required  for  the  ensuing  year 
for  school  purposes,  exclusive  of  the  public  moneys,  specifying 
the  several  purposes  and  the  amount  for  each.  This  section  shall 
not  be  construed  to  prevent  the  board  from  presenting  such  state- 
ment at  a special  meeting  called  for  the  purpose,  nor  from  pre- 
senting a supplementary  and  amended  statement  or  estimate  at 
any  time. 

§ 324  Vote  upon  school  taxes.  After  the  presentation 
of  such  statement  or  estimate,  the  question  shall  be  taken 
upon  voting  the  necessary  taxes  to  meet  the  estimated  expendi- 
tures, and  when  demanded  by  any  voter  present,  the  question  shall 
be  taken  upon  each  item  separately,  and  the  inhabitants  may  in- 
crease the  amount  of  any  estimated  expenditures  or  reduce  the 
same,  except  for  teachers’  wages,  and  the  ordinary  contingent  ex- 
penses of  the  schools. 

§ 325  Levy  of  tax  for  certain  purposes  without 
vote.  If  the  inhabitants  shall  neglect  or  refuse  to  vote  the  sum 
estimated  necessary  for  teachers’  wages,  after  applying  thereto 
the  public  school  moneys,  and  other  moneys  received  or  to  be  re- 
ceived for  that  purpose,  or  if  they  shall  neglect  or  refuse  to  vote 
the  sum  estimated  necessary  for  ordinary  contingent  expenses,  the 
board  of  education  may  levy  a tax  for  the  same,  in  like  manner  as 
if  the  same  had  been  voted  by  the  inhabitants. 

§ 326  Reference  to  Commissioner  of  Education. 
If  any  question  shall  arise  as  to  what  are  ordinary  contingent  ex- 
penses the  same  may  be  referred  to  the  Commissioner  of  Edu- 
cation, by  a statement  in  writing,  signed  by  one  or  more  of 
each  of  the  opposing  parties  upon  the  question,  and  the  decision 
of  the  Commissioner  shall  be  conclusive. 


106 


THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 


§ 327  Corporate  authorities  must  raise  tax  cer- 
tified by  board  of  education.  1 The  corporate  authori- 
ties of  any  incorporated  village  or  city  in  which  any  such  union 
free  school  shall  be  established,  shall  have  power,  and  it  shall 
be  their  duty,  to  raise,  from  time  to  time,  by  tax,  to  be  levied 
upon  all  the  real  and  personal  property  in  said  city  or  village,  as 
by  law  provided  for  the  defraying  of  the  expenses  of  its  municipal 
government,  such  sum  as  the  board  of  education  established 
therein  shall  declare  necessary  for  teachers’  salaries  and  the  ordi- 
nary contingent  expenses  of  supporting  the  schools  of  said 
district. 

2 The  sums  so  declared  necessary  shall  be  set  forth  in  a de- 
tailed statement  in  writing,  addressed  to  the  corporate  authorities 
by  the  board  of  education,  giving  the  various  purposes  of  antici- 
pated expenditure,  and  the  amount  necessary  for  each;  and  the 
said  corporate  authorities  shall  have  no  power  to  withhold  the 
sums  so  declared  to  be  necessary ; and  such  corporate  authorities 
as  aforesaid  shall  have  power,  and  it  shall  be  their  duty  to  raise, 
from  time  to  time,  by  tax  as  aforesaid,  any  such  further  sum  to 
be  set  forth  in  a detailed  statement  in  writing,  addressed  to  the 
corporate  authorities  by  the  board  of  education,  giving  the  various 
purposes  of  the  proposed  expenditure,  and  the  amount  necessary 
for  each  which  may  have  been  or  which  may  hereafter  be  au- 
thorized by  a majority  of  the  voters  of  such  union  free  school 
district  present  and  voting  at  any  special  district  meeting  duly 
convened  for  any  of  the  purposes  stated  in  section  467  of  this 
chapter. 

§ 328  Application  of  tbis  article.  The  provisions  of 
this  article  shall  apply  to  all  union  free  schools  heretofore  or- 
ganized pursuant  to  the  provisions  of  chapter  433  of  the  Laws  of 
1853,  and  the  amendments  thereof,  chapter  555  of  the  Laws  of 
1864,  and  the  amendments  thereof,  and  of  chapter  556  of  the 
Laws  of  1894,  and  the  amendments  thereof;  and  sections  327, 
460,  467  and  480  of  this  chapter  are  made  applicable  to  all  school 
districts  established  by  and  organized  under  special  statutes, 
except  those  of  cities;  and  sections  310,  subdivision  19,  312  and 
458  of  this  chapter  are  made  applicable  to  all  school  districts 
having  a population  of  five  thousand  and  upwards  established  by 
and  organized  under  special  statutes. 


EDUCATION  LAW 


107 


ARTICLE  12 
Town  Clerks 

Section  340  Duties  of  town  clerks 
341  Expenses  of  town  clerks 

§ 340  Duties  of  town  clerks.  It  shall  be  the  duty  of 
the  town  clerk  of  each  town: 

1 To  keep  all  hooks,  maps,  papers,  and  records  of  his  office 
touching  common  schools,  and  forthwith  to  report  to  the  school 
commissioner  any  loss  or  injury  to  the  same. 

2 To  receive  from  the  supervisors  the  certificates  of  apportion- 
ment of  school  moneys  to  the  town,  and  to  record  them  in  a book 
to  be  kept  for  that  purpose. 

3 To  notify  forthwith  the  trustees  of  the  several  school  dis- 
tricts of  the  filing  of  each  such  certificate. 

4 To  see  that  the  trustees  of  the  school  districts  make  and  de- 
posit with  him  their  annual  reports  within  the  time  prescribed  by 
law,  and  to  deliver  them  to  the  school  commissioner  on  demand. 

5 To  furnish  the  school  commissioner  of  the  school  commis- 
sioner district  in  which  his  town  is  situated  the  names  and  post- 
office  addresses  of  the  school  district  officers  reported  to  him  by 
the  district  clerks. 

6 To  distribute  to  the  trustees  of  the  school  districts  all  books, 
blanks  and  circulars  which  shall  be  delivered  or  forwarded  to  him 
by  the  Commissioner  of  Education  or  school  commissioner  for  that 
purpose. 

7 To  receive  from  the  supervisor,  and  record  in  a book  kept 
for  that  purpose,  the  annual  account  of  the  receipts  and  disburse- 
ments of  school  moneys  required  to  be  submitted  to  the  town 
auditors,  together  with  the  action  of  the  town  auditors  thereon, 
and  to  send  a copy  of  the  account  and  of  the  action  thereon,  by 
mail,  to  the  Commissioner  of  Education  whenever  required  by  him, 
and  to  file  and  preserve  the  vouchers  accompanying  the  account. 

8 To  receive  and  to  record,  in  the  same  book,  the  supervisor’s 
final  account  of  the  school  moneys  received  and  disbursed  by  him, 
and  deliver  a copy  thereof  to  such  supervisor’s  successor  in  office. 

9 To  receive  from  the  outgoing  supervisor,  and  file  and  record 
in  the  same  book,  the  county  treasurer’s  certificate,  that  his  suc- 
cessor’s bond  has  been  given  and  approved. 


108 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


10  To  receive,  file  and  record  the  descriptions  of  the  school 
districts,  and  all  papers  and  proceedings  delivered  to  him  by  the 
school  commissioner  pursuant  to  the  provisions  of  this  chapter. 

11  To  act,  when  thereto  legally  required,  in  the  erection  or 
alteration  of  a school  district,  as  in  article  5 of  this  chapter 
provided. 

12  To  receive  and  preserve  the  books,  papers  and  records  of 
any  dissolved  school  district,  which  shall  be  ordered,  as  herein- 
after provided,  to  be  deposited  in  his  office. 

13  To  perform  any  other  duty  which  may  he  devolved  upon 
him  by  this  chapter,  or  by  any  other  act  touching  common  schools. 
[ Renumbered  § 364  by  L.  1917 , ch.  328 ; renumbered  § 31/.0  by 
L.  1918,  ch . 199.] 

§ 341  Expenses  of  town  clerks.  The  necessary  expenses 
and  disbursements  of  the  town  clerk  in  the  performance  of  his  said 
duties,  are  a town  charge,  and  shall  be  audited  and  paid  as  such. 
[Renumbered  § 365  by  L.  1917,  ch.  328 ; renumbered  § 841  by 
L.  1918,  ch.  199.] 

ARTICLE  13 
Supervisors 

Section  360  Duties  of  supervisors 

361  Sale  of  gospel  or  school  lots  on  division  of  town 

362  Payment  of  proceeds  of  sale  of  gospel  or  school  loti 

363  Supervisor’s  bond  for  school  moneys 

364  Refusal  of  supervisor  to  give  bond 

365  Report  by  supervisors  to  district  superintendents 

§ 360.  Duties  of  supervisors.  It  is  the  duty  of  every 
supervisor : 

1 To  disburse  the  school  moneys  in  his  hands  applicable  to 
the  payment  of  teachers’  wages,  upon  and  only  upon  the  written 
orders  of  a sole  trustee  or  a majority  of  the  trustees,  in  favor  of 
qualified  teachers.  But  whenever  the  collector  in  any  school  dis- 
trict shall  have  given  bonds  for  the  due  and  faithful  performance 
of  the  duties  of  his  office  as  disbursing  agent,  as  required  by  sec- 
tion 253  or  whenever  any  school  district  shall  elect  a treasurer 
as  provided  in  this  chapter,  the  said  supervisor  shall,  upon  the 
receipt  by  hirn  of  a copy  of  the  bond  executed  by  said  collector 
or  treasurer  as  herein  required,  certified  by  the  trustees,  pay  over 
to  such  collector  or  treasurer,  all  moneys  in  his  hands  applicable 
to  the  payment  of  teachers’  wages  in  such  district,  and  the  said 
collector  or  treasurer  shall  disburse  such  moneys  so  received  by 


EDUCATION  LAW 


109 


him  upon  such  orders  as  are  specified  herein  to  the  teachers 
entitled  to  the  same. 

2 To  pay  over  all  the  school  money  apportioned  to  a union 
free  school  district,  to  the  treasurer  of  such  district,  upon  the 
order  of  its  board  of  education. 

3 To  keep  a just  and  true  account  of  all  the  school  moneys 
received  and  disbursed  by  him  during  each  year,  and  to  lay  the 
same,  with  proper  vouchers,  before  the  town  board  or  board  of 
town  auditors  at  each  annual  meeting  thereof. 

4 To  provide  a bound  blank  book,  the  cost  of  which  shall  be 
a town  charge,  and  to  enter  therein  all  his  receipts  and  disburse- 
ments of  school  moneys,  specifying  from  whom  and  for  what  pur- 
poses they  were  received,  and  to  whom  and  for  what  purposes 
they  were  paid  out;  and  to  deliver  the  book  to  his  successor  in 
office. 

5 To  make  out  a just  and  true  account  of  all  school  moneys 
received  by  him  and  of  all  disbursements  thereof,  within  fifteen 
days  after  the  termination  of  his  office  and  to  deliver  the  same  to 
the  town  clerk  to  be  filed  and  recorded,  and  to  notify  his  successor 
in  office  that  such  account  has  been  made  and  filed. 

6 To  deliver  to  his  predecessor  the  county  treasurer’s  certifi- 
cate showing  that  he  has  given  to  such  treasurer  the  bond  required 
by  section  363  of  this  chapter  and  that  such  bond  has  been  ap- 
proved by  such  treasurer,  and  to  procure  from  the  town  clerk  a 
copy  of  his  predecessor’s  account,  and  to  demand  and  receive 
from  him  all  school  moneys  remaining  in  his  hands. 

7 To  pay  to  his  successor  upon  receipt  of  such  certificate  all 
school  moneys  remaining  in  his  hands,  and  to  forthwith  file  the 
certificate  in  the  town  clerk’s  office. 

8 To  sue  for  and  recover,  in  his  name  of  office,  when  the  duty 
is  not  elsewhere  imposed  by  law,  all  penalties  and  forfeitures  im- 
posed by  this  chapter,  and  for  any  default  or  omission  of  any 
town  officer  or  school  district  board  or  officer  under  this  chapter; 
and  after  deducting  his  costs  and  expenses  to  report  the  balances 
to  the  school  commissioner. 

9 To  act,  when  legally  required,  in  the  erection  or  alteration  of 
a school  district,  as  provided  in  article  5 of  this  chapter,  and  to 
perform  any  other  duty  which  may  be  devolved  upon  him  by  this 
chapter,  or  any  other  act  relating  to  common  schools. 

10  To  take  and  hold  possession  of  the  gospel  and  school  lots 
of  their  respective  towns. 


110 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


11  To  lease  the  same  for  such  time  and  not  exceeding  twenty- 
one  years,  and  upon  such  conditions  as  they  shall  deem  expedient. 

12  To  sell  the  same  with  the  advice  and  consent  of  the  in- 
habitants of  the  town,  in  town-meeting  assembled,  for  such  price 
and  upon  such  terms  of  credit  as  shall  appear  to  them  most  ad- 
vantageous. 

13  To  invest  the  proceeds  of  such  sales  in  loans,  secured  by 
bond  and  mortgage  upon  unincumbered  real  property  of  the  value 
of  double  the  amount  loaned. 

14  To  purchase  the  property  so  mortgaged  upon  a foreclosure, 
and  to  hold  and  convey  the  property  so  purchased  whenever  it 
shall  become  necessary. 

15  To  reloan  the  amount  of  such  loans  repaid  to  them,  upon 
the  like  security. 

16  To  apply  the  rents  and  profits  of  such  lots,  and  the  inter- 
est of  the  money  arising  from  the  sale  thereof,  to  the  support  of 
schools,  as  may  be  provided  by  law,  in  such  manner  as  shall  be 
thus  provided. 

17  To  render  a just  and  true  account  of  the  proceeds  of  the 
sales  and  the  interest  on  the  loans  thereof,  and  of  the  rents  and 
profits  of  such  gospel  and  school  lots,  and  of  the  expenditure  and 
appropriation  thereof,  on  the  last  Tuesday  next  preceding  the 
annual  town-meeting  in  each  year,  to  the  town  board. 

18  To  deliver  over  to  his  successor  in  office,  all  boxes,  papers 
and  securities  relating  to  the  same,  at  the  expiration  of  their 
respective  offices. 

19  To  take  therefor  a receipt,  which  shall  be  filed  in  the  clerk’s 
office  of  the  town;  and, 

20  To  commence  and  prosecute  in  and  by  the  name  and  style 
of  the  supervisor  of  the  town  any  suits  against  any  of  his  prede- 
cessors in  office  or  against  any  other  person  to  recover  any  debt, 
dues  or  demands,  in  anywise  arising  from  such  public  lot ; and  no 
such  suit  shall  abate  by  the  death,  resignation  or  removal  from 
office  of  the  said  supervisor  but  the  same  shall  and  may  be  prose- 
cuted to  judgment  and  execution  by  his  successor  in  office. 
[. Renumbered  § 370  by  L.  1917,  ch.  328 ; renumbered  § 360  by 
L.  1918,  ch.  199.] 

§ 361  Sale  of  gospel  or  school  lots  on  division  of 
town.  Whenever  a town  having  lands  assigned  to  it  for  the 
support  of  the  gospel  or  of  schools,  shall  be  divided  into  two  or 
more  towns,  or  shall  be  altered  in  its  limits  by  the  annexing  of  a 
part  of  its  territory  to  other  towns,  such  lands  shall  be  sold  by 


EDUCATION  LAW 


111 


the  supervisor  of  the  town,  in  which  such  lands  were  included 
immediately  before  such  division  or  alteration ; and  the  proceeds 
thereof  shall  be  apportioned  between  the  towns  interested  therein, 
in  the  same  manner  as  the  other  public  moneys  of  towns,  so 
divided  or  altered,  are  apportioned.  [ Renumbered  § 371  by 
L.  1917,  ch.  328 ; renumbered  § 361  by  L.  1918,  ch.  199 .] 

§ 362  Payment  of  proceeds  of  sale  of  gospel  or 
school  lots.  The  shares  of  such  moneys,  to  which  the  towns 
shall  be  respectively  entitled,  shall  be  paid  to  the  supervisors  of 
the  respective  towns,  and  shall  thereafter  be  subject  to  the  pro- 
visions of  this  article.  [ Renumbered  § 372  by  L.  1917,  ch.  328 ; 
renumbered  § 362  by  L.  1918,  ch.  199.  ] 

§ 363  Supervisor’s  bond  for  school  moneys.  1 
Immediately  on  receiving  the  school  commissioner’s  certificates 
of  apportionment  the  county  treasurer  shall  require  of  each  super- 
visor, and  each  supervisor  shall  give  to  the  treasurer,  in  behalf  of 
the  town,  his  bond,  with  two  or  more  sufficient  sureties,  approved 
by  the  treasurer,  in  the  penalty  of  at  least  double  the  amount  of 
the  school  moneys  set  apart  or  apportioned  to  the  town,  and  of  any 
such  moneys  unaccounted  for  by  his  predecessors,  conditioned  for 
the  faithful  disbursement,  safe-keeping  and  accounting  for  such 
moneys,  and  of  all  other  school  moneys  that  may  come  into  his 
hands  from  any  other  source. 

2 If  the  condition  shall  be  broken  the  county  treasurer  shall 
sue  the  bond  in  his  own  name,  in  behalf  of  the  town,  and  the 
money  recovered  shall  be  paid  over  to  the  successor  of  the  super- 
visor in  default,  such  successor  having  first  giving  1 security  as 
aforesaid. 

3.  Whenever  the  office  of  a supervisor  shall  become  vacant,  the 
county  treasurer  shall  require  the  person  elected  or  appointed  to 
fill  such  vacancy  to  execute  a bond,  with  two  or  more  sureties,  to 
be  approved  by  the  treasurer,  in  the  penalty  of  at  least  double  the 
sum  of  the  school  moneys  remaining  in  the  hands  of  the  old  super- 
visor, when  the  office  became  vacant,  conditioned  for  the  faithful 
disbursement  and  safe-keeping  of  and  accounting  for  such  moneys. 
But  the  execution  of  this  bond  shall  not  relieve  the  supervisor 
from  the  duty  of  executing  the  bond  first  above  mentioned. 
[Renumbered  § 373  by  L.  1917,  ch.  328;  renumbered  § 363  by 
L.  1918,  ch.  199.] 

§ 364  Refusal  of  supervisor  to  give  bond.  The  refusal 
. of  a supervisor  to  give  such  security  shall  be  a misdemeanor, 


1 So  in  original. 


112 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


nnd  any  fine  imposed  on  his  conviction  thereof  shall  he  for  the 
benefit  of  the  common  schools  of  the  town.  Upon  such  refusal,  the 
moneys  so  set  apart  and  apportioned  to  the  town  shall  he  paid  to 
and  disbursed  by  some  other  officer  or  person  to  be  designated  bv 
the  county  judge,  under  such  regulations  and  with  such  safeguards 
as  he  may  prescribe,  and  the  reasonable  compensation  of  such  offi- 
cer or  person,  to  be  adjusted  by  the  board  of  supervisors,  shall  be 
a town  charge.  [ Renumbered  § 37 If.  by  L.  1917 , ch.  328 ; renum- 
bered § 36 J+  by  L.  1918 , ch.  199. ] 

§ 365  Report  by  supervisors  to  district  superin- 
tendents. On  the  first  Tuesday  of  February  in  each  year, 
each  supervisor  shall  make  a return  in  writing  to  the  district 
superintendent  of  schools  of  the  supervisory  district  in  which  the 
town  is  situated,  showing  the  amounts  of  school  moneys  in  his 
hands  not  paid  on  the  orders  of  trustees  for  teachers’  salaries,  and 
the  districts  to  which  they  stand  accredited,  and  if  such  moneys 
remain  in  his  hands,  he  shall  report  that  fact;  and  thereafter  he 
shall  not  pay  out  any  of  said  moneys  until  he  shall  have  received 
tiie  certificate  of  the  next  apportionment;  and  the  moneys  so 
returned  by  him  shall  be  reapportioned  as  directed  in  article  18 
of  this  chapter.  [Amended  by  L.  1913 , ch.  130;  renumbered 
§ 375  by  L.  1917,  ch.  328;  renumbered  § 365  by  L.  1918 , 
ch.  199. ] 

FEES  OF  SUPERVISOR 

Town  Law  ( L . 1909 , ch  63) 

§ 85  Compensation  of  town  officers. 

3 The  supervisor  of  each  town  shall  be  allowed  and  paid, 
in  the  same  manner  as  other  town  charges  are  allowed  and 
paid,  a fee  of  one  per  centum  on  all  moneys  paid  out  by  him  as 
such  supervisor,  including  school  moneys  disbursed  by  him  as  pro- 
vided in  the  Education  Law,  moneys  paid  out  by  him  for  damages 
arising  from  dogs  killing  or  injuring  sheep  as  provided  in  article 
7 of  the  county  law,  moneys  in  his  hands  paid  out  by  him  for 
the  relief  of  the  poor,  and  all  other  town  moneys  paid  out  by  him 
for  defraying  town  charges,  except  moneys  expended  under  article 
6 of  the  highway  law.  But  no  such  fee  shall  be  allowed  or  paid 
upon  moneys  paid  over  by  him  to  his  successor  in  office.  Such  fees 
shall  be  in  full  compensation,  for  all  services  rendered  by  him  in 
respect  to  moneys  received  and  paid  out  by  him  as  such  supervisor 
as  provided  hy  law  except  the  compensation  provided  in  section 
110  of  the  highway  law.  [ds  amended  by  L.  1909 , ch.  J^91.~\ 


EDUCATION  LAW 


113 


ARTICLE  14 

[Entire  article  amended  ly  L.  1910,  ch.  607) 

District  Superintendent  of  Scliools;  His 
Election,  Powers  and  Duties 

Section  380  Office  of  district  superintendent  of  schools  created 

381  Supervisory  districts 

382  School  directors 

383  Election  of  district  superintendent 

384  Qualifications  of  district  superintendents 

385  District  superintendent  must  take  oath  of  office 

386  Term  of  office  of  district  superintendent 

387  Vacancies  in  the  office  of  district  superintendent 

388  Filling  vacancies  in  the  office  of  district  superintendent 

389  Salary  of  district  superintendent 

390  Expense  of  district  superintendents 

391  Salary  of  district  superintendent  may  be  withheld 

392  Removal  of  district  superintendent  from  office 

393  District  superintendent  not  to  be  interested  in  certain  business 

or  to  accept  rewards,  et  cetera 

394  District  superintendent  not  to  engage  in  other  business 

395  General  powers  and  duties  of  district  superintendent 

396  District  superintendent  subject  to  the  rules  of  Commissioner  of 

Education 

397  Other  duties  of  a district  superintendent 

398  Appeals  from  acts  of  district  superintendent,  et  cetera 

§ 380  Office  of  district  superintendent  of  schools 
created.  The  office  of  district  superintendent  of  schools  is 
hereby  created  to  begin  on  the  first  day  of  January,  nineteen 
hundred  and  twelve.  [Amended  by  L.  1910 ch.  607.] 

§ 381  Supervisory  districts.  1 The  territory  em- 
braced in  the  school  commissioner  districts  of  the  State  outside 
of  cities  and  of  school  districts  of  five  thousand  population  or 
more,  which  employ  a superintendent  of  schools,  shall  be  organ- 
ized and  divided  into  supervisory  districts.  In  the  formation  or 
division  of  such  territory  into  such  districts  no  town  shall  be 
divided.  The  territory  of  such  districts  must  be  contiguous  and 
compact  and  towns  shall  he  arranged  in  districts  so  that  there 
shall  be  as  equal  a division  of  the  territory  and  number  of  school 
districts  as  may  be  practicable. 

2 In  a county  entitled  to  two  or  more  supervisory  districts  the 
school  commissioner  of  each  school  commissioner  district  in  such 
county  and  the  supervisor  of  each  town  in  such  county  shall  meet 


114 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


at  the  county  seat  of  such  county  on  the  third  Tuesday  in  April, 
nineteen  hundred  and  eleven,  at  ten  o’clock  in  the  forenoon  and 
divide  such  county  into  the  number  of  supervisory  districts  to 
which  it  is  entitled. 

3 The  county  clerk  of  such  county  shall  give  ten  days’  notice, 
in  writing,  of  such  meeting,  to  each  of  such  school  commissioners 
and  supervisors.  The  county  clerk  shall  also  call  such  meeting 
to  order  at  the  proper  hour  and  the  school  commissioners  and 
supervisors  present  shall  elect  from  their  number  a chairman  and 
a clerk. 

4 A copy  of  the  proceedings  of  such  meeting  showing  the  su- 
pervisory districts  formed  and  naming  the  towns  composing  each 
of  such  districts,  certified  by  the  chairman  and  clerk,  shall  be 
deposited  by  the  clerk  of  such  meeting  in  the  office  of  the  clerk 
of  the  county  immediately  after  the  close  of  the  meeting.  The 
county  clerk  on  receipt  of  the  same  shall  forward  a certified  copy 
thereof  to  the  Commissioner  of  Education. 

5 The  number  of  supervisory  districts  into  which  each  county 
shall  be  organized  or  divided  is  as  follows : 

a Hamilton,  Putnam,  Rockland,  Schenectady,  each  one; 

b Chemung,  Fulton,  Genesee,  Montgomery,  Nassau,  Schuyler, 
Seneca,  Yates,  each  two; 

c Albany,  Columbia,  Cortland,  Essex,  Greene,  Livingston, 
Niagara,  Orange,  Orleans,  Rensselaer,  Schoharie,  Suffolk,  Sul- 
livan, Tioga,  Tompkins,  Warren,  Wyoming,  each  three; 

d Broome,  Clinton,  Dutchess,  Franklin,  Herkimer,  Lewis, 
Madison,  Monroe,  Ontario,  Saratoga,  Ulster,  Washington,  Wayne, 
Westchester,  each  four; 

e Allegany,  Cattaraugus,  Cayuga,  Chenango,  Erie,  Onondaga, 
Oswego,  each  five; 

/ Chautauqua,  Delaware,  Jefferson,  Otsego,  each  six; 

g Oneida,  Steuben,  each  seven; 

h Saint  Lawrence,  eight  districts.  [ Amended  by  L.  1919 , ch. 
300 , in  effect  May  3 , 1919.] 

6 The  district  superintendents  of  two  or  more  supervisory  dis- 
tricts in  a county  may  unite  in  a petition  to  the  board  of  super- 
visors of  the  county  for  a change  in  the  boundaries  of  such  dis- 
tricts by  including  or  excluding  one  or  more  towns,  stating  the 
reasons  for  such  change,  and  if  such  change  conforms  to  the  terri- 
torial requirements  of  subdivision  1 of  this  section,  the  board  of 
supervisors  may,  by  resolution,  change  such  districts  in  accord- 
ance with  such  petition.  A copy  of  such  resolution,  certified  by 


EDUCATION  LAW 


115 


the  chairman  and  clerk  of  the  hoard  of  supervisors,  shall  be 
deposited  by  the  clerk  in  the  office  of  the  clerk  of  the  county.  The 
county  clerk  on  receipt  of  the  same  shall  forward  a certified  copy 
thereof  to  the  Commissioner  of  Education.  [Subdivision  6 added 
by  L.  1916,  ch.  238 ; section  amended  by  L.  1910,  ch.  607.] 

§ 382  School  directors.  1 Two  school  directors  shall 
be  elected  for  each  town  at  the  general  election  held  in  the  year 
1910.  One  of  such  directors  shall  be  elected  to  serve  until  Janu- 
ary 1,  1913,  and  the  other  shall  be  elected  to  serve  until  January 
1,  1916.  A director  shall  be  elected  at  the  general  election  in  1912 
and  every  fifth  year  thereafter  and  one  shall  be  elected  in  1915 
and  every  fifth  year  thereafter.  The  term  of  office  of  the  directors 
elected  in  1912  and  thereafter  shall  commence  on  the  first  day  of 
J anuary  following  their  election  and  continue  for  five  years.  In 
towns,  except  those  towns  situated  in  the  counties  of  Nassau  and 
Suffolk,  where  biennial  town  meetings  are  held  at  a time  other 
than  the  general  election,  directors  shall  be  elected  at  the  biennial 
town  meeting  held  immediately  prior  to  the  expiration  of  the 
term  of  their  predecessors.  Such  directors  shall  be  elected  in  the 
same  manner  that  town  officers  are  elected  at  town  meetings  held 
at  the  time  of  a general  election,  and  the  provisions  of  the  election 
law  relating  to  the  nomination  and  election  of  such  town  officers 
shall  apply  to  the  nomination  and  election  of  such  directors. 

2 A school  director  shall  vacate  his  office  by  removal  from  the 
town  or  by  filing  a written  resignation  with  the  town  clerk.  A 
vacancy  in  the  office  of  school  director  shall  be  filled  by  the  town 
board  of  the  town  in  which  such  vacancy  exists,  for  the  remainder 
of  the  unexpired  term.  If  the  town  fails  to  elect  a director  a 
vacancy  shall  be  deemed  to  exist  in  such  office. 

3 A school  director  before  entering  upon  the  discharge  of  the 
duties  of  his  office,  and  not  later  than  thirty  days  after  the  date- 
on  which  he  was  elected  to  office,  shall  take  the  oath  of  office  pre- 
scribed by  the  constitution.  Such  oath  may  be  taken  before  a 
justice  of  the  peace  or  a notary  public,  and  must  be  filed  in  the 
office  of  the  clerk  of  the  town. 

4 A school  director  shall  receive  two  dollars  per  day  for  each 
day’s  service  and  his  necessary  traveling  expenses,  and  the  town 
board  of  the  town  for  which  such  director  is  chosen  shall  audit 
and  allow  the  same.  \ Amended  by  L.  1910,  ch.  607,  and  L.  1916, 
ch.  168.] 

§ 383  Election  of  district  superintendent.  1 The 

school  directors  of  the  several  towns  composing  a,  supervis- 


116 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ory  district  shall  meet  for  organization  at  eleven  o’clock  in  the 
forenoon  on  the  third  Tuesday  in  May  following  their  election. 
Such  meeting  shall  he  held  at  a place  in  the  supervisory  district, 
designated  by  the  county  clerk,  at  least  ten  days  previous  to  the 
date  thereof.  At  the  time  the  county  clerk  designates  such  place 
of  meeting  he  shall  also  mail  a notice  of  the  time  and  place  of 
such  meeting  to  each  school  director  of  the  district.  The  school 
directors  present  at  such  meeting  shall  organize  by  electing  from 
their  number  a chairman,  a clerk  and  two  inspectors  of  election. 
The  school  directors  at  such  meeting  shall  designate  a place  for 
holding  future  meetings. 

2 The  school  directors  of  the  several  towns  composing  a super- 
visory district  shall  he  a hoard  of  school  directors,  and  such  hoard 
of  directors  shall  meet  at  eleven  o’clock  in  the  forenoon  on  the 
third  Tuesday  in  August,  1911,  and  on  the  third  Tuesday  in  June 
every  fifth  year  thereafter,  and  elect  a district  superintendent  of 
schools.  The  clerk  of  such  hoard  shall  give  each  director  at  least 
ten  days’  notice  in  writing  of  the  hour,  date  and  place  of  such 
meeting. 

3 If  such  directors  fail  to  elect  a district  superintendent  of 
schools  before  the  first  day  of  January  following  the  date  of  such 
meeting,  and  a vacancy  exists  in  such  office,  the  county  judge  shall 
appoint  such  superintendent  who  shall  serve  until  the  board  of 
directors  shall  fill  such  vacancy. 

4 In  the  election  of  such  district  superintendent  the  vote  shall 
be  by  ballot  and  the  person  receiving  a majority  of  all  votes  cast 
shall  he  elected.  Each  school  director  shall  he  entitled  to  one 
vote  in  such  election. 

5 The  clerk  of  such  board  shall  file  a copy  of  the  proceedings 
of  each  meeting  and  each  election,  certified  by  himself  and  the 
chairman,  in  the  office  of  the  clerk  of  the  county  in  which  such 
meeting  or  election  is  held  within  three  days  after  the  close 
thereof. 

6 The  county  clerk  on  receipt  of  notice  of  the  election  of  a 
district  superintendent  of  schools  in  any  supervisory  district  of 
his  county  shall  deliver  to  the  person  elected  a certificate  of  such 
election  attested  by  his  signature  with  the  seal  of  the  county  and 
shall  also  transmit  to  the  Commissioner  of  Education  a duplicate 
of  such  certificate  of  election.  [Amended  by  L.  1910 , ch.  607. ] 

7 When  a district  superintendent  enters  the  military  or  naval 
service  of  the  United  States  during  the  continuance  of  the  present 
war,  the  board  of  school  directors  of  the  supervisory  district  of 


EDUCATION  LAW 


117 


such  district  superintendent  shall  designate  a person  to  act  as  the 
deputy  of  such  district  superintendent.  This  deputy  shall  during 
the  absence  of  said  district  superintendent  perform  all  the  duties 
and  possess  the  power  and  authority  conferred  by  law  on  a dis- 
trict superintendent.  Such  person  shall  also  possess  qualifications 
approved  by  the  Commissioner  of  Education.  [ Added  by  L.  1918 , 
ch.  107 , in  effect  March  28,  1918.'] 

§ 384  Qualifications  of  district  superintendents. 
1 To  be  eligible  to  election  to  the  office  of  district  superintend- 
ent of  schools  a person  must  be  at  least  twenty-one  years  of  age, 
a citizen  of  the  United  States  and  a resident  of  the  State,  but  he 
need  not  be  a resident  of  the  supervisory  district  for  which  he  is 
elected  at  the  time  of  his  election.  Such  superintendent  must, 
however,  become  a resident  of  the  county  containing  the  district 
for  which  he  has  been  elected  on  or  before  the  date  on  which  his 
term  of  office  begins.  Failure  to  acquire  such  residence  will  be 
deemed  a removal  from  the  county.  No  person  shall  be  ineligible 
on  account  of  sex. 

2 In  addition  thereto  he  must  possess  or  be  entitled  to  receive 
a certificate  authorizing  him  to  teach  in  any  of  the  public  schools 
of  the  state  without  further  examination  and  he  shall  also  pass  an 
examination  prescribed  by  the  Commissioner  of  Education  on  the 
supervision  of  courses  of  study  in  agriculture  and  teaching  the 
same. 

3 A district  superintendent  who  is  removed  from  office  shall 
not  be  eligible  to  election  to  such  office  in  any  supervisory  district 
for  a period  of  five  years.  [ Amended  by  L.  1910,  ch.  607.] 

§ 385  District  superintendent  must  take  oatk  of 
office.  A district  superintendent  of  schools  before  entering 
upon  the  discharge  of  the  duties  of  his  office,  and  not  later  than 
five  days  after  the  date  on  which  his  term  of  office  is  to  com- 
mence, shall  take  the  oath  of  office  prescribed  by  the  constitu- 
tion. Such  oath  may  be  taken  before  a county  clerk,  a justice 
of  the  peace,  or  a notary  public  and  must  be  filed  in  the  office  of 
the  clerk  of  the  county.  [Amended  by  L.  1910,  ch.  607.] 

§ 386  Term  of  office  of  district  superintendent. 
The  district  superintendents  elected  in  1911  shall  hold  office  until 
the  first  day  of  August,  1916.  The  full  term  of  office  of  a dis- 
trict superintendent  of  schools  elected  in  1916  and  thereafter  shall 
be  five  years  and  shall  commence  on  the  first  day  of  August  next 
after  his  election.  A district  superintendent  of  schools  unless 


118 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


removed  shall  hold  office  until  his  successor  is  chosen  and  qualified. 
[Amended  by  L.  1910 , ch.  607. ] 

§ 387  Vacancies  in  the  office  of  district  superin- 
tendent. The  office  of  district  superintendent  of  schools  shall 
be  vacant  upon : 

1 The  death  of  an  incumbent. 

2 His  removal  from  office  by  the  Commissioner  of  Education. 

3 His  removal  from  the  county. 

4 His  filing  in  the  office  of  the  clerk  of  the  county  his  written 
resignation. 

5 His  acceptance  of  the  office  of  supervisor,  town  clerk  or  trus- 
tee of  a school  district. 

6 His  failure  to  take  and  file  the  oath  of  office  as  provided 
in  this  article.  [ Amended  by  L.  1910 , ch.  607.] 

§ 388  Filling  vacancy  in  the  office  of  district 
superintendent.  Whenever  a vacancy  occurs  it  shall  be  filled 
for  the  remainder  of  the  unexpired  term  by  the  board  of  school 
directors.  Upon  direction  of  the  Commissioner  of  Education  the 
clerk  of  the  board  in  which  the  supervisory  district  having  such 
vacancy  is  located  shall  immediately  call  a special  meeting  of  such 
board  for  the  purpose  of  electing  a district  superintendent.  The 
provisions  of  this  title  relative  to  the  election  generally  of  a 
district  superintendent  of  schools,  including  notices,  filing  of  the 
proceedings  and  all  other  matters  relating  to  such  an  election,  shall 
apply  to  a special  election  to  fill  a vacancy  in  such  office. 
[Amended  by  L.  1910 , ch.  607.] 

§ 389  Salary  of  district  superintendent.  1 Each 
district  superintendent  shall  receive  an  annual  salary  from  the 
State  of  eighteen  hundred  dollars,  payable  monthly  by  the  Com- 
missioner of  Education  from  moneys  appropriated  therefor. 

2 The  supervisors  of  the  towns  composing  any  supervisory  dis- 
trict may  by  adopting  a resolution  by  a majority  vote  increase 
the  salary  to  be  paid  by  such  district  to  its  district  superintendent. 
Such  supervisors  must  thereupon  file  with  the  clerk  of  the  board 
of  supervisors  a certificate  showing  the  amount  of  such  increase. 
The  board  of  supervisors  of  each  county  shall  levy  such  amount 
annually  by  tax  on  the  towns  composing  such  supervisory  district 
within  the  county.  [Amended  by  L.  1910 , ch.  607 ; subdivision  1 
amended  by  L.  1917 , ch.  791/-  and  by  L.  1919,  ch  559,  in  effect 
May  12,  1919.] 

§ 390  Expense  of  district  superintendents.  The 

Commissioner  of  Education  shall  quarterly  audit  and  allow  the 


EDUCATION  LAW 


119 


actual  sworn  expense  incurred  by  each  district  superintendent  of 
schools  in  the  performance  of  his  official  duties,  hut  the  amount 
of  such  expense  allowed  shall  not  exceed  in  any  year  three  hun- 
dred dollars.  Such  expenses  shall  he  paid  by  the  Commissioner 
of  Education  from  moneys  appropriated  therefor.  [ Amended  by 
L.  1910 , ch.  607.] 

§ 391.  Salary  of  district  superintendent  may  be 
withheld.  The  Commissioner  of  Education  may,  whenever 
he  is  satisfied  that  a district  superintendent  of  schools  has  per- 
sistently neglected  to  perform  an  official  duty,  withhold  payment 
of  the  whole  or  any  part  of  such  superintendent’s  salary  as  it  shall 
become  due  and  he  may  also  withhold  any  sum  to  which  such 
superintendent  shall  be  entitled  for  expenses  and  the  amount 
thus  withheld  shall  be  forfeited;  but  said  Commissioner  may  in 
his  discretion  remit  such  forfeiture  in  whole  or  in  part.  [ Amended 
by  L.  1910 , ch.  607.] 

§ 392  Removal  of  district  superintendent  from 
office.  The  Commissioner  of  Education  may,  by  an  order  under 
the  seal  of  the  Education  Department,  remove  a district  superin- 
tendent of  schools  from  office  whenever  he  is  satisfied  that  such 
superintendent : 

1 Has  been  guilty  of  immoral  conduct; 

2 Is  incompetent  to  perform  any  official  duty;  or 

3 Has  persistently  neglected  or  wilfully  refused  to  perform 
any  lawful  duty  imposed  upon  him.  [Amended  by  L.  1910, 
ch.  607.] 

§ 393  District  superintendent  not  to  be  interested 
in  certain  business  or  to  accept  rewards,  et  cetera. 

A district  superintendent  of  schools  shall  not: 

1 Be  directly  or  indirectly  interested  otherwise  than  as  author 
in  the  sale,  publication,  or  manufacture  of  school  books,  maps, 
charts,  or  school  apparatus  or  in  the  sale  or  manufacture  of  school 
furniture  or  any  other  school  or  library  supplies. 

2 Be  directly  or  indirectly  interested  in  any  contract  made  by 
the  trustees  of  a school  district. 

3 Be  directly  or  indirectly  interested  in  any  agency  or  bureau 
maintained  to  obtain  or  aid  in  obtaining  positions  for  teachers  or 
superintendents. 

4 Directly  or  indirectly  receive  any  emolument,  gift,  pay,  re- 
ward or  promise  of  pay  or  reward  for  recommending  or  procuring 
the  sale,  use  or  adoption  or  aiding  in  procuring  the  sale,  use  or 


120 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


adoption  of  any  book,  map,  chai*t,  school  apparatus  or  furniture 
or  other  supplies  for  any  school  or  library  or  for  recommending  a 
teacher  or  aiding  a teacher  in  obtaining  an  appointment  to  teach. 
[ Amended  by  L.  1910 , ch.  607.] 

§ 394  District  superintendents  not  to  engage  in 
other  business.  A district  superintendent  of  schools  shall 
devote  his  whole  time  to  the  performance  of  the  duties  of  his 
office  and  shall  not  engage  in  any  other  occupation  or  profession. 
Such  time  as  shall  not  necessarily  be  devoted  by  a district 
superintendent  of  schools  to  the  performance  of  the  clerical  and  ad- 
ministrative work  of  his  office  shall  be  devoted  to  the  visitation  and 
inspection  of  the  schools  maintained  in  his  supervisory  district. 
[Amended  by  L.  1910,  ch.  607.] 

§ 395  General  powers  and  duties  of  district 
superintendent.  A district  superintendent  of  schools  shall 
have  power  and  it  shall  be  his  duty : 

1  To  inquire  from  time  to  time  into  and  ascertain  whether  the 
boundaries  of  the  school  districts  within  his  supervisory  district 
are  definitely  and  plainly  described  in  the  records  of  the  office 
of  the  proper  town  clerk ; and  in  case  the  record  of  the  boundaries 
of  any  school  district  shall  be  found  indefinite  or  defective,  or  if 
the  same  shall  be  in  dispute,  then  to  cause  the  same  to  be  amended 
or  an  amended  record  of  the  boundaries  to  be  made.  All  neces- 
sary expenses  incurred  in  establishing  such  amended  records  shall 
be  a charge  on  the  district  or  districts  affected,  to  be  audited  and 
allowed  by  the  trustees  thereof,  on  the  certificate  of  the  district 
superintendent. 

2  To  assemble  all  the  teachers  of  his  district  by  towns  or 
otherwise,  for  the  purpose  of  conference  on  the  course  of  study, 
for  reports  of  and  advice  and  counsel  in  relation  to  discipline, 
school  management  and  other  school  work,  and  for  promoting 
the  general  good  of  all  the  schools  of  the  district.  Teachers  shall 
be  entitled  to  compensation  for  days  actually  in  attendance  upon 
such  conference.  [Subdivision  2 amended  by  L.  1913,  ch.  511.] 

3 To  frequently  and  thoroughly  inspect  the  work  done  in  the 
training  classes  maintained  in  his  district  and  to  report  to  the 
Commissioner  of  Education  on  the  efficiency  of  the  instruction 
given  and  the  observation  and  practice  work  done  by  the  members 
thereof. 

4 To  hold  meetings  of  trustees  and  other  school  officers  and  to 
advise  with  and  counsel  them  in  relation  to  their  powers  and 
duties  and  particularly  in  relation  to  the  repair,  construction, 


EDUCATION  LAW 


121 


heating,  ventilating  and  lighting  of  schoolhouses  and  improving 
and  adorning  the  school  grounds.  To  especially  advise  trustees 
relative  to  the  employment  of  teachers,  the  adoption  of  textbooks 
and  the  purchase  of  library  books,  school  apparatus,  furniture  and 
supplies. 

5 To  direct  the  trustees  of  any  district  to  make  any  altera- 
tions or  repairs  to  the  schoolhouses  or  outbuildings  which  shall, 
in  his  opinion,  be  necessary  for  the  health  or  comfort  of  the 
pupils,  but  the  amount  which  trustees  shall  be  directed  to  expend 
in  such  alterations  or  repairs  shall  not  exceed  two  hundred  dollars 
in  any  one  year. 

6 To  direct  the  trustees  of  any  district  to  make  any  repairs 
or  alterations  to  school  furniture,  or  where  in  his  opinion  any 
furniture  is  unfit  for  use  and  not  worth  repairing,  or  when  suf- 
ficient furniture  is  not  provided,  to  direct  that  such  new  furniture 
shall  be  provided  as  he  deems  necessary,  but  the  amount  thus 
directed  to  be  expended  shall  not  exceed  in  any  one  year  one  hun- 
dred dollars. 

7 To  direct  the  trustees  of  any  district  to  abate  any  nuisance 
in  or  on  the  school  grounds. 

8 To  condemn  a schoolhouse  as  provided  elsewhere  in  this 
chapter. 

9 To  examine  and  license  teachers  pursuant  to  the  provisions 
of  this  chapter.  He  shall  also  conduct  such  other  examinations 
as  the  Commissioner  of  Education  shall  direct. 

10  To  examine  any  charge  affecting  the  moral  character  of 
any  teacher  residing  or  employed  within  his  district,  and  to 
revoke  such  teacher’s  certificate  as  elsewhere  provided  by  this 
chapter. 

11  To  take  affidavits  and  administer  oaths  in  all  matters  per- 
taining to  the  public  school  system,  but  without  charge  or  fee. 

12  To  take  and  report  to  the  Commissioner  of  Education  under 
the  direction  of  such  Commissioner  testimony  in  a case  on  appeal. 
In  such  a case  or  in  any  matter  or  proceeding  to  be  heard  or  de- 
termined by  the  district  superintendent,  he  may  issue  a subpoena 
to  compel  the  attendance  of  a witness.  Service  of  such  subpoena 
shall  be  made  a reasonable  time  before  the  date  named  therein  for 
the  hearing,  by  exhibiting  the  same  to  the  person  so  served,  with 
the  signature  of  the  district  superintendent  of  schools  attached, 
and  by  leaving  a copy  thereof  with  such  person.  The  witness 
shall  be  entitled  to  receive  at  the  time  of  service,  the  same  fees  as 


122 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


provided  by  law  for  witnesses  in  a court  of  record.  Disobedience 
to  such  subpoena  shall  subject  the  delinquent  to  a penalty  of 
twenty-five  dollars,  which  shall  be  recovered  by  the  county  treas- 
urer in  his  name  of  office  for  the  benefit  of  the  county. 

13  To  exercise  in  his  discretion  any  of  the  powers  and  per- 
form any  of  the  duties  of  another  district  superintendent  on  the 
written  request  of  such  other  superintendent,  and  he  must  exer- 
cise such  powers  and  perform  such  duties  when  directed  to  do  so 
by  the  Commissioner  of  Education. 

14  To  make  such  investigations  and  to  make  such  reports  to 
the  Commissioner  of  Education  upon  any  matter  or  act  as  said 
Commissioner  shall  from  time  to  time  request.  He  shall  make  an 
annual  report  on  the  first  day  of  September  in  such  form  and  giv- 
ing such  information  as  the  Commissioner  of  Education  shall  re- 
quire. For  this  purpose  he  shall  procure  the  reports  of  trustees 
of  school  districts  from  the  town  clerk’s  offices  and  after  abstract- 
ing the  necessary  contents  thereof  shall  indorse  and  deposit  them 
with  a copy  of  his  abstract  in  the  office  of  the  county  clerk. 
[Section  amended  by  L.  1910,  ch.  607.] 

§ 396  District  superintendent  subject  to  the  rules 
of  Commissioner  of  Education.  A district  superintendent 
shall  be  subject  to  such  rules  and  directions  as  the  Commissioner 
of  Education  shall  from  time  to  time  prescribe.  [Amended  by 
L.  1910,  ch.  607.] 

§ 397  Other  duties  of  a district  superintendent. 

A district  superintendent  of  schools  shall,  in  addition  to  the 
duties  especially  conferred  upon  him  by  this  title,  possess  and  be 
subject  to  all  the  powers,  duties  and  responsibilities  with  which 
a school  commissioner  is  charged  by  law.  [Amended  by  L.  1910, 
ch.  607.] 

§ 398  Appeals  from  acts  of  district  superintend- 
ent, et  cetera.  Appeals  from  the  official  acts  of  a district 
superintendent  of  schools  or  from  his  refusal  or  failure  to  act  in 
any  matter  in  which  he  may  legally  act,  may  be  taken  to  the  Com- 
missioner of  Education.  All  questions  in  controversy  relating  to 
the  election  of  such  district  superintendent  or  to  the  formation 
of  supervisory  district  shall  be  determined  by  the  Commissioner 
of  Education  on  proper  appeal.  The  provisions  of  article  14  of 
this  chapter  shall  apply  to  and  govern  such  appeals  and  decisions 
therein.  [Amended  by  L.  1910,  ch.  607.] 


EDUCATION  LAW 


123 


Payment  of  Certain  Expenses  of  District  Superintendents 
[County  Law , § 12] 

31  The  board  of  supervisors  is  authorized  to  provide  for  the  payment  of 
properly  itemized  and  verified  bills  of  district  superintendents  of  schools  of 
the  supervisory  districts  in  the  county  rendered  by  them  for  expenses 
incurred  for  necessary  printing  and  office  supplies,  subject  to  such  condi- 
tions as  the  board  may  prescribe.  The  board  may,  by  resolution,  authorize 
the  incurring  of  indebtedness  for  such  purposes  and  when  so  authorized 
the  bills  therefor  shall  be  audited  and  paid  in  the  same  manner  as  other 
charges  against  the  county.  [Subdivision  added  by  L.  191 4,  ch.  389,  in  effect 
April  16,  19U .] 

ARTICLE  15 

Assessment  and  Collection  of  Taxes 

Section  410  Assessment  of  taxes 

410-aLevy  of  taxes  in  Suffolk  county 

410-6  Extension  of  taxes  upon  assessment-rolls,  arrears  of  school 
taxes  and  right  of  taxation  in  the  county  of  Suffolk 

411  Property  to  be  assessed 

412  Ascertainment  of  valuations 

413  Power  of  trustees  to  determine  values 

414  Equalization  within  joint  districts 

415  Assessment  of  vacant  land 

416  Persons  working  land  on  shares  and  vendees  in  possession  liable 

to  taxation 

417  Liability  of  property  of  certain  absentee  owners 

418  Certain  exemptions  from  tax  for  building  schoolhouse 

419  Right  of  certain  tenants  to  charge  tax  to  landlord 

420  Requisites  and  authority  of  collector’s  warrant 

421  Time  for  delivery  of  warrant  to  collector 

422  Jurisdiction  of  collector 

423  Renewals  of  warrants 

424  Amendment  of  tax-lists 

425  Collector’s  notice 

426  Collector’s  fees 

427  Notice  to  railroad  companies  and  certain  other  corporations  of 

assessment  and  tax 

428  Payment  of  tax  by  railroad  and  certain  other  corporations  to 

county  treasurer 

429  Duty  of  collector  after  failure  of  railroad  and  certain  other 

corporations  to  pay  within  thirty  days 

430  Payment  of  tax  by  county  treasurer  to  collector 

431  Such  companies  may  pay  collector 

432  Trustee’s  right  of  action  to  recover  tax 

433  Collector’s  return  of  unpaid  taxes 

434  Certification  by  trustees  of  collector’s  return 

435  Payment  of  unpaid  taxes  from  county  treasury 

436  Levy  by  supervisors  of  unpaid  taxes 

437  Payment  before  levy 


124 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Section  438 

439 

440 


Proceedings  for  collection  same  as  of  county  taxes 
Filing  tax-list  and  warrant  with  town  clerk 
Assessment  for  school  purposes  of  certain  state  lands 


§ 410  Assessment  of  taxes.  Immediately  after  a tax 
shall  have  been  voted  by  a district  meeting,  for  a purpose  arising 
during  the  current  school  year  the  trustees  shall  assess  it,  and  make 
out  the  tax-list  therefor,  and  annex  thereto  their  warrant  for  its 
collection.  Where  a tax  is  voted  at  an  annual  school  meeting  for 
school  purposes  during  the  following  school  year  the  said  trustees 
shall  prepare  their  tax-list  therefor  and  annex  thereto  their  warrant 
for  its  collection  within  thirty  days  after  August  first.  But  they 
may  at  the  same  time  assess  two  or  more  taxes  so  voted,  and  any 
taxes  they  are  authorized  to  raise  without  such  vote,  and  make  out 
one  tax-list  and  one  warrant  for  the  collection  of  the  whole.  They 
shall  prefix  to  their  tax-list  a heading  showing  for  what  purpose 
the  different  items  of  the  tax  are  levied.  [ Amended  by  L.  1911, 
ch . 830.] 

§ 41Q-a  Levy  of  taxes  in  Suffolk  county.  In  the 

school  districts  of  Suffolk  county,  in  the  year  nineteen  hundred 
and  eighteen,  the  several  district  trustees  and  hoards  of  education 
shall  levy  the  taxes  which  were  required  for  their  respective  dis- 
tricts in  1917  and  which  shall  have  been  approved  by  the  electors 
for  the  year  1918.  When  any  such  tax  shall  have  been  extended 
against  the  assessable  property  in  the  district,  as  provided  in  the 
next  section,  each  parcel  of  property  or  taxpayer  shall  be  credited 
for  the  amount  of  such  tax  as  has  been  paid  thereon  for  the  year 
1917  by  virtue  of  other  provisions  of  this  chapter.  [ Added  by 
L.  1918 , ch.  518.] 

§ 410-b  Extension  of  taxes  upon  assessment-rolls, 
arrears  of  school  taxes  and  right  of  taxation  in  the 
county  of  Suffolk;  temporary  loans.  In  the  school  dis- 
tricts of  Suffolk  county,  on  and  after  the  first  Tuesday  of  May, 
1918,  the  taxes  for  school  purposes  shall  be  extended  in  the  town 
assessment-rolls  by  the  supervisors,  with  the  other  taxes  for  town 
and  county  purposes,  in  the  column  provided  for  school  tax 
arrears.  The  town  assessors,  after  their  determination  of  com- 
plaints of  taxpayers,  at  the  time  known  as  grievance  day,  shall 
immediately  total  the  assessed  values  in  the  respective  school 
districts,  including  special  franchises,  and  submit  such  totals  to 
the  trustees  and  boards  of  education  in  their  respective  districts. 
Such  trustees  and  boards  of  education  shall  immediately  there- 


EDUCATION  LAW 


125 


after  compute  the  rate  of  taxation  for  school  purposes  in  their 
respective  school  districts  and  report  such  rate  in  dollars,  on  each 
one  hundred  dollars  of  assessed  valuations,  together  with  the  total 
net  budget  required,  to  the  supervisor  of  the  town  in  which  such 
school  district  is  situated.  In  the  year  nineteen  hundred  and 
eighteen  the  arrears  of  school  taxes  for  the  year  nineteen  hundred 
and  seventeen  shall  be  combined  with  the  new  taxes  and  entered  in 
the  same  column.  All  the  provisions  of  this  article,  except  as 
otherwise  provided  in  this  and  the  preceding  section,  shall  apply 
to  the  levy  of  such  school  taxes.  The  trustees  or  board  of  educa- 
tion of  a school  district  in  such  county  may  borrow  money  on 
temporary  loans  in  anticipation  of  taxes  levied  in  such  district 
for  the  purposes  for  which  such  taxes  are  levied,  but  shall  not 
borrow  in  excess  of  the  amount  of  such  taxes.  Such  loans  shall 
be  payable  out  of  the  taxes  on  account  of  which  they  are  made, 
and  in  no  case  shall  interest  run  on  any  such  loans  after  such 
taxes  are  collected.  [Amended  by  L.  1919,  cli.  S02,  in  effect 
May  3,  1919.] 

§ 411  Property  to  be  assessed.  1 School  district  taxes 
shall  be  apportioned  by  the  trustees  upon  all  real  estate  within 
the  boundaries  of  the  district  which  shall  not  be  by  law  exempt 
from  taxation,  except  as  hereinafter  provided,  and  such  property 
shall  be  assessed  to  the  person  or  corporation  owning  or  possessing 
the  same  at  the  time  such  tax-list  shall  be  made  out. 

2 The  trustees  shall  also  apportion  the  district  taxes  upon  all 
persons  residing  in  the  district,  and  upon  all  corporations  liable  to 
taxation  therein,  for  the  personal  estate  owned  by  them  and  liable 
to  taxation. 

3 Land  lying  in  one  body  and  occupied  by  the  same  person, 
either  as  owner  or  agent  for  the  same  principal,  or  as  tenant  under 
the  same  landlord,  if  assessed  as  one  lot  on  the  last  assessment-roll 
of  the  town  after  revision  by  the  assessors,  shall,  though  situated 
partly  in  two  or  more  school  districts,  be  taxable  in  that  one  of 
them  in  which  such  occupant  resides.  This  rule  shall  not  apply  to 
land  owned  by  nonresidents  of  the  district,  and  which  shall  not  be 
occupied  by  an  agent,  servant  or  tenant  residing  in  the  district. 
Such  unoccupied  real  estate  shall  be  assessed  as  nonresident,  and 
a description  thereof  shall  be  entered  in  the  tax-list. 

§ 412  Ascertainment  of  valuations.  The  valuations 
of  taxable  property  shall  be  ascertained,  so  far  as  possible,  from 
the  last  assessment-roll  of  the  town,  after  revision  by  the  assessors ; 
and  no  person  shall  be  entitled  to  any  reduction  in  the  valuation 


126 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  such  property,  as  so  ascertained,  unless  he  shall  give  notice  of 
his  claim  to  such  reduction  in  writing  to  the  trustees  of  the  dis- 
trict before  the  tax-list  shall  be  made  out. 

§ 413  Power  of  trustees  to  determine  values.  The 
trustees  of  a district  shall  ascertain  the  true  value  of  the  property 
to  be  taxed  from  the  best  evidence  in  their  power,  giving  notice 
to  the  persons  interested,  and  proceeding  in  the  same  manner  as 
the  town  assessors  are  required  by  law  to  proceed  in  the  valuation 
of  taxable  property,  the  hearing  of  grievances,  and  the  revision  of 
the  town  assessment-roll  in  the  following  cases : 

1 When  a reduction  shall  be  duly  claimed  and  where  the  val- 
uation of  taxable  property  cannot  be  ascertained  from  the  last 
completed  assessment-roll  of  the  town ; 

2 When  the  valuation  of  such  property  shall  have  increased  or 
diminished  since  the  last  assessment-roll  of  the  town  was  com- 
pleted ; 

3 When  an  error,  mistake,  or  omission  on  the  part  of  the  town 
assessors  shall  have  been  made  in  the  description  or  valuation  of 
taxable  property. 

§ 414  Equalization  within  joint  districts.  When  a 
district  embraces  parts  of  two  or  more  towns,  the  supervisors  of 
such  towns  shall,  upon  receiving  a written  notice  from  the  trustees 
of  such  district,  or  from  three  or  more  persons  liable  to  pay  taxes 
upon  real  estate  therein,  meet  at  a time  and  place  to  be  named  in 
such  notice,  which  time  shall  not  be  less  than  five  or  more  than 
ten  days  from  the  service  thereof,  and  a place  within  the  bounds 
of  the  towns  so  in  part  embraced,  and  proceed  to  inquire  and  de- 
termine whether  the  valuation  of  real  property  upon  the  several 
assessment-rolls  of  said  towns  is  substantially  just  as  compared 
with  each  other. 

2 If  it  is  ascertained  that  such  assessments  are  not  relatively 
equal  such  supervisor  shall  determine  the  relative  proportion  of 
taxes  that  ought  to  be  assessed  upon  the  real  property  of  the  parts 
of  such  district  lying  in  different  towns,  and  the  trustees  of  such 
district  shall  thereupon  assess  the  proportion  of  any  tax  thereafter 
to  be  raised,  according  to  the  determination  of  such  supervisors, 
until  new  assessment-rolls  of  the  town  shall  be  perfected  and  filed, 
using  the  assessment-rolls  of  the  several  towns  to  distribute  the 
said  proportion  among  the  persons  liable  to  be  assessed  for  the 
same. 


EDUCATION  LAW 


127 


3 If  such  supervisors  shall  be  unable  to  agree,  they  shall  sum- 
mon a supervisor  from  some  adjoining  town  who  shall  meet  with 
them  and  unite  in  such  inquiry  and  the  finding  of  a majority 
shall  be  the  determination  of  such  meeting. 

4 Such  supervisors  shall  receive  for  their  services  three  dollars 
per  day  for  each  day  actually  employed  which  shall  be  a town 
charge  upon  their  respective  towns. 

§ 415  Assessment  of  vacant  land.  When  any  real  es- 
tate within  a district  so  liable  to  taxation  shall  not  be  occupied 
and  improved  by  the  owner,  his  servant  or  agent,  and  shall  not 
be  possessed  by  any  tenant,  the  trustees  of  any  district,  at  the 
time  of  making  out  any  tax-list  by  which  any  tax  shall  be 
imposed  thereon,  shall  make  and  insert  in  such  tax-list  a statement 
and  description  of  every  such  lot,  piece  or  parcel  of  land  so  owned 
by  nonresidents  therein,  in  the  same  manner  as  required  by  law 
from  town  assessors  in  making  out  the  assessment-roll  of  their 
towns ; and  if  any  such  lot  is  known  to  belong  to  an  incorporated 
company  liable  to  taxation  in  such  district,  the  name  of  such  com- 
pany shall  be  specified,  and  the  value  of  such  lot  or  piece  of  land 
shall  be  set  down  opposite  to  such  description,  which  value  shall  be 
the  same  that  was  affixed  to  such  lot  or  piece  of  land  in  the  last 
assessment-roll  of  the  town;  and  if  the  same  was  not  separately 
valued  in  such  roll,  then  it  shall  be  valued  in  proportion  to  the 
valuation  which  was  affixed  in  the  said  assessment-roll  to  the  whole 
tract  of  which  such  lot  or  piece  shall  be  part. 

§ 416  Persons  working  land  on  shares  and  vendees 
in  possession  liable  to  taxation.  Any  person  working 
land  under  a contract  for  a share  of  the  produce  of  such  land, 
shall  be  deemed  the  possessor,  so  far  as  to  render  him  liable 
to  taxation  therefor,  in  the  district  where  such  land  is  situate,  and 
any  person  in  possession  of  real  property  under  a contract  for  the 
purchase  thereof  shall  be  liable  to  taxation  therefor  in  the  district 
where  such  real  property  is  situated. 

§ 417  Liability  of  property  of  certain  absentee 
owners.  Every  person  owning  or  holding  any  real  property 
within  any  school  district,  who  shall  improve  and  occupy  the 
same  by  his  agent  or  servant,  shall,  in  respect  to  the  liability  of 
such  property  to  taxation,  be  considered  a taxable  inhabitant  of 
such  district,  in  the  same  manner  as  if  he  actually  resided 
therein. 


128 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 418  Certain  exemptions  from  tax  for  building 
scboolhouse.  Every  taxable  inhabitant  of  a district  who 
shall  have  been,  within  four  years,  set  off  from  any  other  district, 
without  his  consent,  and  shall  within  that  period,  have  actually 
paid  in  such  other  district,  under  a lawful  assessment  therein,  a 
district  tax  for  building  a schoolhouse,  shall  be  exempted  by  the 
trustees  of  the  district  where  he  shall  reside,  from  the  payment 
of  any  tax  for  building  a schoolhouse  therein. 

§ 419  Right  of  certain  tenants  to  charge  tax  to 
landlord.  Where  any  district  tax,  for  the  purpose  of  pur- 
chasing a site  for  a schoolhouse,  or  for  purchasing  or  building, 
keeping  in  repair,  or  furnishing  such  schoolhouse  with  necessary 
fuel  and  appurtenances,  shall  be  lawfully  assessed,  and  paid  by 
any  person  on  account  of  any  real  property  whereof  he  is  only  a 
tenant  at  will,  or  for  three  years,  or  for  a less  period  of  time,  such 
tenant  may  charge  the  owner  of  such  real  estate  with  the  amount 
of  the  tax  so  paid  by  him,  unless  some  agreement  to  the  contrary 
shall  have  been  made  by  such  tenant. 

§ 420  Requisites  and  authority  of  collector’s  war- 
rant. The  warant 1 for  the  collection  of  a district  tax  shall  be 
under  the  hands  of  the  trustees,  or  a majority  of  them,  with  or 
without  their  seals ; and  it  shall  have  the  like  force  and  effect  as  a 
warrant  issued  by  a board  of  supervisors  to  a collector  of  taxes  in 
the  town ; and  the  collector  to  whom  it  may  be  delivered  for  col- 
lection shall  be  thereby  authorized  and  required  to  collect  from 
every  person  in  such  tax-list  named  the  sum  set  opposite  to  his 
name,  or  the  amount  due  from  any  person  specified  therein,  in 
the  same  manner  that  collectors  are  authorized  to  collect  town  and 
county  taxes. 

§ 421  Time  for  delivery  of  warrant  to  collector. 

1 A warrant  for  the  collection  of  a tax  voted  by  the  district  shall 
not  be  delivered  to  the  collector  until  the  thirty-first  day  after  the 
tax  was  voted. 

2 A warrant  for  the  collection  of  a tax  authorized  by  law  with- 
out a vote  of  the  district  may  be  delivered  to  the  collector  when- 
ever the  same  is  completed. 

§ 422  Jurisdiction  of  collector.  Any  collector  to  whom 
any  tax-  list  and  warrant  may  be  delivered  for  collection  may  exe- 
cute the  same  in  any  other  district  or  town  in  the  same  county, 
or  in  any  other  county  where  the  district  is  a joint  district  and 


1 So  in  original. 


EDUCATION  LAW 


129 


composed  of  territory  from  adjoining  counties,  in  the  same  man- 
ner and  with  the  like  authority  as  in  the  district  in  which  the 
trustees  issuing  the  said  warrant  may  reside,  and  for  the  benefit 
of  which  said  tax  is  intended  to  be  collected;  and  the  bond  or 
sureties  of  any  collector,  given  for  the  faithful  performance  of 
his  official  duties,  are  hereby  declared  and  made  liable  for  any 
moneys  received  or  collected  on  any  such  tax-list  and  warrant. 

§ 423  Renewals  of  warrants.  If  the  sum  of  money, 
payable  by  any  person  named  in  such  tax-lists,  shall  not  be  paid 
by  him  or  collected  by  such  warrant  within  the  time  therein 
limited,  it  shall  be  lawful  for  the  trustees  to  renew  such  warrant 
in  respect  to  such  delinquent  person;  and  whenever  more  than 
one  renewal  of  a warrant  for  the  collection  of  any  tax-list  may 
become  necessary  in  any  district,  the  trustees  may  make  such 
further  renewal,  with  the  written  approval  of  the  supervisor  of 
any  town  in  which  a schoolhouse  of  said  district  may  be  located, 
to  be  indorsed  upon  such  warrant. 

§ 424  Amendment  of  tax-lists.  Whenever  the  trustees 
of  any  school  district  shall  discover  any  error  in  a tax-list  made 
out  by  them,  they  may,  with  the  approval  and  consent  of  the 
Commissioner  of  Education,  after  refunding  any  amount  that  may 
have  been  improperly  collected  on  such  tax-list,  if  the  same  shall 
be  required  by  him,  amend  and  correct  such  tax-list,  as  directed 
by  the  Commissioner,  in  conformity  to  law. 

§ 425  Collector’s  notice.  1 The  collector,  on  the  receipt 
of  a warrant  for  the  collection  of  taxes,  shall  give  notice  to  the 
taxpayers  of  the  district  by  publicly  posting  written  or  printed, 
or  partly  written  and  partly  printed,  notices  in  at  least  three  pub- 
lic places  in  such  district,  one  of  which  shall  be  on  the  outside  of 
the  front  door  of  the  schoolhouse,  stating  that  he  has  received 
such  warrant  and  will  receive  all  such  taxes  as  may  be  voluntarily 
paid  to  him  within  thirty  days  from  the  time  of  posting  said 
notice. 

2 Such  collector  shall  also  give  a like  notice,  either  personally 
or  by  mail,  at  least  twenty  days  previous  to  the  expiration  of  the 
thirty  days  aforesaid,  to  the  president,  secretary,  general  or  di- 
vision superintendent,  or  manager  of  any  canal  or  pipe  line, 
assessed  for  taxes  upon  the  tax-list  delivered  to  him  with  the 
aforesaid  warrant. 

3 Such  collector  shall  also  give  a like  notice  to  all  nonresident 
taxpayers  on  said  list  whose  tax  amounts  to  one  dollar  or  more  and 

5 


130 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


whose  residence  or  post-office  address  may  be  known  -to  such  col- 
lector, or  may  be  ascertained  by  him  upon  inquiry  of  the  trustees 
and  clerk  of  his  district. 

4:  No  school  collector  shall  be  entitled  to  recover  from  any  rail- 
road corporation,  canal  company  or  pipe  line,  or  nonresident  tax- 
payer more  than  one  per  centum  fees  on  the  taxes  assessed  against 
such  corporation  or  nonresident,  unless  such  notice  shall  have  been 
given  as  aforesaid ; and  in  case  the  whole  amount  of  taxes  shall  not 
be  so  paid  in,  the  collector  shall  forthwith  proceed  to  collect  the 
same. 

§ 426  Collector’s  fees.  The  collector  shall  receive  for 
his  services  on  all  sums  paid  in  as  aforesaid,  one  per  centum,  and 
upon  all  sums  collected  by  him,  after  the  expiration  of  the  time 
mentioned,  five  per  centum,  except  as  hereinbefore  provided ; and 
in  case  a levy  and  sale  shall  be  necessarily  made  by  such  col- 
lector, he  shall  be  entitled  to  traveling  fees,  at  the  rate  of  ten 
cents  per  mile,  to  be  computed  from  the  schoolhouse  in  such  dis- 
trict. 

§ 427  Notice  to  railroad  companies  and  certain 
other  corporations  of  assessment  and  tax.  1 It  shall 
be  the  duty  of  the  school  collecter  in  each  school  district  in  this 
State,  within  five  days  after  the  receipt  by  such  collector  of  any 
and  every  tax  or  assessment  roll  of  his  district,  to  prepare  and 
deliver  to  the  county  treasurer  of  the  county  in  which  such  district, 
or  the  greater  part  thereof,  is  situated,  a statement  showing  the 
name  of  each  railroad,  telegraph,  telephone,  electric  light  or  gaS 
company,  including  a company  engaged  in  the  business  of  supply- 
ing natural  gas,  appearing  in  said  roll,  the  assessment  against 
each  of  said  companies  for  real  and  personal  property  respec- 
tively, and  the  tax  against  each  of  said  companies. 

2 It  shall  thereupon  be  the  duty  of  such  county  treasurer, 
immediately  after  the  receipt  by  him  of  such  statement  from 
such  school  collector,  to  notify  the  ticket  agent  or  manager  of 
any  such  railroad,  telegraph,  telephone,  electric  light  or  gas  com- 
pany, including  a company  engaged  in  the  business  of  supplying 
natural  gas  assessed  for  taxes  at  the  station  or  office  nearest  to 
the  office  of  such  county  treasurer  or  to  notify  the  company  at  its 
principal  office  within  this  State  personally  or  by  mail,  of  the 
fact  that  such  statement  has  been  filed  with  him  by  such  collector, 
at  the  same  time  specifying  the  amount  of  tax  to  be  paid  by 
such  company.  [Amended  by  L.  1913,  cli.  216.] 


EDUCATION  LAW 


131 


§ 428  Payment  of  tax  by  railroad  and  certain 
other  corporations  to  county  treasurer.  Any  railroad 
company  heretofore  organized,  or  which  may  hereafter  be  organ- 
ized, under  the  laws  of  this  State  and  any  telegraph,  telephone, 
electric  light  or  gas  company  including  a company  engaged  in  the 
business  of  supplying  natural  gas  may  within  thirty  days  after  the 
receipt  of  such  statement  by  such  county  treasurer,  pay  the 
amount  of  tax  so  levied  or  assessed  against  it  in  such  a district 
and  in  such  statement  mentioned  and  contained  with  one  per 
centum  fee  thereon,  to  such  county  treasurer,  who  is  hereby  au- 
thorized and  directed  to  receive  such  amount  and  to  give  proper 
receipt  therefor.  [ Amended  by  L.  1913 , ch.  216.] 

§ 429  Duty  of  collector  after  failure  of  railroad 
and  certain  other  corporations  to  pay  within  thirty 
days.  In  case  any  railroad  company  and  any  telegraph,  tele- 
phone, electric  light  or  gas  company  including  a company  en- 
gaged in  the  business  of  supplying  natural  gas  shall  fail  to  pay 
such  tax  within  said  thirty  days,  it  shall  be  the  duty  of  such 
county  treasurer  to  notify  the  collector  of  the  school  district  in 
which  such  delinquent  railroad  company  is  assessed,  of  its  failure 
to  pay  said  tax,  and  upon  receipt  of  such  notice  it  shall  be  the 
duty  of  such  collector  to  collect  such  unpaid  tax  in  the  manner 
now  provided  by  law  together  with  five  per  centum  fees  thereon ; 
but  no  school  collector  shall  collect  by  distress  and  sale  any  tax 
levied  or  assessed  in  his  district  upon  the  property  of  any  such 
company  until  the  receipt  by  him  of  such  notice  from  the  county 
treasurer.  [ Amended  by  L.  1913 ch.  216.] 

§ 430  Payment  of  tax  by  county  treasurer  to  col- 
lector. The  several  amounts  of  tax  received  by  any  county 
treasurer  in  this  state,  under  the  provisions  of  the  last  three 
sections,  of  and  from  such  companies,  shall  be  by  such  county 
treasurer  placed  to  the  credit  of  the  school  district  for  or  on 
account  of  which  the  same  was  levied  or  assessed,  and  on  demand 
paid  over  to  the  school  collector  thereof,  and  the  one  per  centum 
fees  received  therewith  shall  be  placed  to  the  credit  of,  and  on 
demand  paid  to,  the  school  collector  of  such  school  district. 
[Amended  by  L.  1913 , ch.  216.] 

§ 431  Such  companies  may  pay  collector.  Nothing 
in  the  last  four  sections  contained  shall  be  construed  to  hinder, 
prevent  or  prohibit  any  railroad  company  or  telegraph,  telephone, 
electric  light  or  gas  company  including  a company  engaged  in  the 


132 


TIIE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


business  of  supplying  natural  gas  from  paying  its  school  tax  to  the 
school  collector  direct,  as  provided  by  law.  [Amended  by  L.  1913 , 
ch.  216.] 

§ 432  Trustees’  right  of  action  to  recover  tax. 

Whenever  any  sum  of  money  payable  by  any  person  named  in 
such  tax-list,  shall  not  be  paid  by  such  person,  or  collected  by  such 
warrant  within  the  time  therein  limited,  or  the  time  limited  by 
any  renewal  of  such  warrant;  or  in  case  the  property  assessed 
be  real  estate  belonging  to  an  incorporated  company,  and  no  goods 
or  chattels  can  be  found  whereon  to  levy  the  tax,  the  trustees  may 
sue  for  and  recover  the  same  in  their  name  of  office. 

§ 433  Collector’s  return  of  unpaid  taxes.  If  any 
tax  on  real  estate  placed  upon  the  tax-list  and  duly  delivered 
to  the  collector,  or  the  taxes  upon  nonresident  stockholders  in 
banking  associations  organized  under  the  laws  of  Congress,  shall 
be  unpaid  at  the  time  the  collector  is  required  by  law  to  return 
his  warrant,  he  shall  deliver  to  the  trustees  of  the  district  an 
account  of  the  taxes  remaining  due,  containing  a description  of 
the  lands  upon  which  such  taxes  were  unpaid  as  the  same  were 
placed  upon  the  tax-list,  together  with  the  amount  of  the  tax  so 
assessed,  and  upon  making  oath  before  any  justice  of  the  peace 
or  judge  of  a court  of  record,  notary  public  or  any  other  officer 
authorized  to  administer  oaths,  that  the  taxes  mentioned  in  any 
such  account  remain  unpaid,  and  that,  after  diligent  efforts,  he 
has  been  unable  to  collect  the  same,  he  shall  be  credited  by  said 
trustees  with  the  amount  thereof. 

§ 434  Certification  by  trustees  of  collector’s  re- 
turn. Upon  receiving  any  such  account  from  the  collector, 
the  trustees  shall  compare  it  with  the  original  tax-list,  and  if  they 
find  it  to  be  a true  transcript  they  shall  add  to  such  account  their 
certificate  to  the  effect  that  they  have  compared  it  with  the 
original  tax-list  and  found  it  to  be  correct,  and  shall  immediately 
transmit  the  account,  affidavit  and  certificate  to  the  treasurer  of 
the  county. 

§ 435  Payment  of  unpaid  taxes  from  county 
treasury.  Out  of  any  moneys  in  the  county  treasury,  raised 
for  contingent  expenses,  or  for  the  purpose  of  paying  the  amount 
of  the  taxes  so  returned  unpaid,  the  treasurer  shall  pay  to  the  dis- 
trict treasurer,  if  there  be  such  an  officer,  otherwise  to  the  col- 
lector, the  amount  of  the  taxes  so  returned  as  unpaid,  and  if  there 
are  no  moneys  in  the  treasury  applicable  to  such  purpose,  the 


EDUCATION  LAW 


133 


board  of  supervisors,  at  the  time  of  levying  said  unpaid  taxes,  as 
provided  in  the  next  section,  shall  pay  to  the  district  treasurer,  if 
there  be  such  an  officer,  otherwise  to  the  collector  of  the  school 
district  the  amount  thereof  which  has  been  relevied,  by  voucher 
or  draft  on  the  county  treasurer,  in  the  same  manner  as  other 
county  charges  are  paid,  and  the  collector  shall  he  charged  by 
the  trustees  with  the  amount  so  relevied.  [ Amended  by  L.  1910, 
ch.  28  k,  and  L.  1915 , ch.  186.'] 

§ 436  Levy  by  supervisors  of  unpaid  taxes.  Such 

account,  affidavit  and  certificate  shall  he  laid  by  the  county  treas- 
urer before  the  board  of  supervisors  of  the  county,  who  shall  cause 
the  amount  of  such  unpaid  taxes,  with  seven  per  centum  of 
the  amount  in  addition  thereto,  to  he  levied  upon  the  lands  upon 
which  the  same  were  imposed ; and  if  imposed  upon  the  lands  of 
any  incorporated  company,  then  upon  such  company ; and  when 
collected  the  same  shall  be  returned  to  the  county  treasurer  to  re- 
imburse the  amount  so  advanced,  with  the  expenses  of  collection. 

§ 437  Payment  before  levy.  Any  person  whose  lands 
are  included  in  any  such  account  may  pay  the  tax  assessed 
thereon,  with  five  per  centum  added  thereto,  to  the  county  treas- 
urer, at  any  time  before  the  board  of  supervisors  shall  have  di- 
rected the  same  to  be  levied. 

§ 438.  Proceedings  for  collection  same  as  of  county 
taxes.  The  same  proceedings  in  all  respects  shall  be  had  for 
the  collection  of  the  amount  so  directed  to  he  raised  by  the 
hoard  of  supervisors  as  are  provided  by  law  in  relation  to  the 
county  taxes ; and,  upon  a similar  account,  as  in  the  case  of  county 
taxes  of  the  arrears  thereof  uncollected,  being  transmitted  by  the 
county  treasurer  to  the  Comptroller,  the  same  shall  he  paid  on 
his  warrant  to  the  treasurer  of  the  county  advancing  the  same; 
and  the  amount  so  assumed  by  the  State  shall  be  collected  for  its 
benefit,  in  the  manner  prescribed  by  law  in  respect  to  the  arrears 
of  county  taxes  upon  land  of  nonresidents ; or  if  any  part  of 
the  amount  so  assumed  consisted  of  a tax  upon  any  incorporated 
company,  the  same  proceedings  may  also  he  had  for  the  collec- 
tion thereof  as  provided  by  law  in  respect  to  the  county  taxes 
assessed  upon  such  company. 

§ 439  Filing  tax-list  and  warrant  witli  town  clerk. 

Within  fifteen  days  after  any  tax-list  and  warrant  shall  have 
been  returned  by  a collector  to  the  trustees  of  any  school  district, 
he  trustees  shall  deliver  the  same  to  the  town  clerk  of  the  town 


134 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


in  which  the  collector  resides,  and  said  town  clerk  -shall  file  the 
same  in  his  office. 

§ 440  Assessment  for  scliool  purposes  of  certain 
state  lands,  l The  board  of  education  of  union  free  school 
district  number  one,  town  of  Dannemora,  in  the  county  of  Clinton, 
shall  hereafter  assess  the  property  owned  by  the  State  and  situate 
within  the  boundaries  of  said  district,  exclusive  of  the  improve- 
ments erected  thereon  by  the  State  at  the  same  valuation  as  other 
lands  in  said  district  are  assessed,  and  the  Comptroller  shall  here- 
after pay  to  the  school  authorities  of  such  district  the  amount  of 
taxes  levied  upon  the  land  of  the  State  for  school  purposes  in  such 
district  by  virtue  of  this  section,  out  of  any  moneys  hereafter 
appropriated  by  the  Legislature  for  the  payment  of  assessments 
for  local  improvements  on  property  owned  by  the  State. 

2 The  local  school  authorities  of  union  free  school  district 
number  two  of  the  town  of  Wawarsing,  Ulster  county,  districts 
number  six  and  eight  of  the  town  of  Dover  and  districts  number 
one  and  two  of  the  town  of  Beekman,  Dutchess  county,  all  the 
school  districts  in  the  towns  of  Hyde  Park  and  Poughkeepsie, 
Dutchess  county,  all  the  school  districts  in  the  towns  of  Highlands, 
Woodbury  and  Tuxedo,  Orange  county,  union  free  school  district 
number  one  of  the  town  of  Ossining  in  the  county  of  Westchester, 
district  number  five  in  the  town  of  Marcy,  Oneida  county,  dis- 
tricts number  eleven,  twelve  and  thirteen  in  town  of  Russia, 
Herkimer  county,  and  of  school  districts  in  the  county  of  Rock- 
land shall  hereafter  assess  the  lands  owned  by  the  State  of 
Hew  York  and  situate  within  the  boundaries  of  said  districts, 
exclusive  of  the  improvements,  if  any,  erected  thereon  by  the 
State,  at  the  same  valuation  as  similar  lands  of  individuals  in 
said  districts  are  assessed  and  the  Comptroller  shall  hereafter 
credit  to  the  treasurer  of  the  county  wherein  such  lands  are 
situated  the  amount  of  taxes  levied  upon  the  lands  of  the  State 
therein  for  school  purposes  from  taxes  payable  by  said  county 
treasurer  each  year  to  the  State  for  state  taxes  levied  and  assessed 
upon  the  taxable  property  of  the  towns  in  which  such  districts 
are  located  and  upon  the  adjustment  of  such  taxes  so  made,  the 
said  county  treasurer  shall  pay  to  the  collector  of  taxes  of  the 
school  districts  in  which  such  lands  are  situated  the  amount  of 
such  taxes  as  allowed  and  so  paid  by  the  State.  [ Subdivision 
amended  by  L.  1911 , ch.  598 ; L.  1915 , ch.  125 ; L.  1916 , ch.  1/.07 ; 
L.  1917 , ch.  If 6;  L.  1918,  ch.  25 If;  and  by  L.  1919,  ch.  SOI,  in 
effect  May  8,  1919.~\ 


EDUCATION  LAW 


135 


3 After  a tax  has  been  voted  by  a district  meeting  in  a district 
specified  in  the  preceding  subdivision,  in  which  there  is  land 
owned  by  the  State  and  the  trustees  have  made  the  assessment  and 
their  tax  list  therefor,  such  trustees  shall  immediately  file  in  the 
office  of  the  Comptroller  a duly  verified  copy  of  such  tax  list,  which 
in  addition  to  the  other  matters  now  required  by  law  shall  state 
which  are  lands  belonging  to  the  State.  The  Comptroller  shall 
within  thirty  days  after  the  receipt  of  such  list  and  after  hearing 
the  trustees,  if  they  or  any  of  them  so  desire,  correct  or  reduce  any 
assessment  of  state  lands  which  may  be  in  his  judgment  an  unfair 
proportion  to  the  remaining  assessment  of  land  within  the  dis- 
trict, and  shall  in  other  respects  approve  the  assessment  and  com- 
municate such  approval  to  the  trustees.  No  such  assessment  of 
state  lands  shall  be  valid  for  any  purpose  until  the  amount  of  the 
assessment  is  approved  by  the  Comptroller. 

Provisions  of  Tax  Law  Relative  to  School  Taxes 
Note. — The  following  provisions  of  the  tax  law  ( L . 1909,  ch.  62),  are  of 
special  interest  to  school  district  officers: 

§ 40  Assessors  to  apportion  valuation  of  railroad, 
telegraph,  telephone,  pipe  line,  water  or  gas  com- 
panies and  of  special  franchises  among  school  and 
special  districts.  The  assessors  of  each  town  or  city  in  which  a 
railroad,  telegraph,  telephone,  water  pipe  line,  or  gas  company, 
including  a company  engaged  in  the  business  of  supplying 
natural  gas,  is  assessed  by  them  or  by  the  tax  commission  upon 
property  lying  in  more  than  one  school  district  or  in  one  or  more 
special  districts  in  which  a tax  is  levied  for  district  purposes  shall 
after  the  time  fixed  for  hearing  complaints  and  action  thereon 
and  prior  to  the  final  completion  of  the  roll,  pursuant  to  section 
39  of  this  chapter,  apportion  the  assessed  valuation  of  the  prop- 
erty of  each  of  such  corporations  so  made  by  them  or  by  the  tax 
commission  among  such  school  and  special  districts.  Such  ap- 
portionments shall  be  entered  by  the  assessors  in  the  appropriate 
column  of  the  assessment-roll  and  a certificate  thereof  signed 
by  the  assessors  or  a majority  of  them  shall  be  filed  with  the 
town  or  city  clerk  within  five  days  thereafter,  and  thereupon  the 
valuations  so  apportioned  shall  become  the  valuations  of  such 
property  in  such  districts  for  the  purpose  of  taxation  for  the 
ensuing  year.  The  town  clerk  shall  furnish  the  trustees  of  school 
districts  a certified  statement  of  the  valuations  apportioned  to 
their  respective  districts. 


136 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


In  case  of  the  failure  of  the  assessors  to  act,  a supervisor  of  the 
town  or  city  shall  make  such  apportionment  on  request  of  either 
the  trustee  of  any  school  district  or  the  officers  of  any  special  dis- 
trict or  the  corporation  assessed.  In  case  of  any  alteration  in 
any  school  district  affecting  the  valuation  of  such  property,  the 
officer  making  the  same  shall  fix  and  determine  the  valuations 
in  the  districts  affected  for  the  current  year.  [ Amended  by 
L.  1912 , ch.  271;  L.  1913 , ch.  556 , and  L.  1916,  ch.  323,  in  effect 
April  26,  1916.~\ 

§ 70-fo  Receipts  for  taxes.  Every  collector  of  taxes 
shall  deliver  or  upon  request  forward  by  mail,  a receipt  wholly 
written  with  ink  or  partly  printed  and  filled  out  with  ink  to  each 
person  paying  a tax,  specifying  the  date  of  such  payment,  the 
name  of  such  person,  the  description  of  the  property  as  shown  on 
the  assessment-roll,  the  name  of  the  person  to  whom  the  same  is 
assessed,  the  amount  of  such  tax,  and  the  date  of  delivery  to  him 
of  the  assessment-roll  on  account  of  which  such  tax  was  paid. 
For  the  purpose  of  giving  such  receipt,  each  collector  shall  have 
a hook  of  blank  receipts,  so  arranged  that  when  a receipt  is  torn 
therefrom  a corresponding  copy  or  stub  will  remain.  The  tax 
commission  shall  prescribe  the  form  of  such  receipts,  stubs  and 
books  and  they  shall  be  furnished  to  the  town  collector  by  the 
board  of  supervisors,  at  the  expense  of  the  county;  to  the  city 
collector  by  the  common  council,  at  the  expense  of  the  city ; to  the 
village  collector  by  the  village  trustees  at  the  expense  of  the  vil- 
lage; to  the  school  collector  by  the  trustee  or  trustees  at  the 
expense  of  the  school  district.  The  expense  of  mailing  receipts 
shall  be  a proper  charge  against  the  city,  town,  village  or  school 
district.  At  the  time  of  giving  such  a receipt  the  collector  shall 
make  the  same  entries  on  the  corresponding  copy  or  stub  as  are 
required  to  be  made  on  the  receipt.  Such  book  shall  be  subject 
to  public  inspection  and  shall  be  filed  by  the  collector  with  his 
return,  together  with  the  assessment-roll  in  the  office  of  the  county 
treasurer,  or  such  officer  or  board  to  which  such  collector  makes 
his  return.  [Amended  by  L . 1916,  ch.  323,  in  effect  April  26, 
1916.1 


EDUCATION  LAW 


137 


ARTICLE  16 

School  Building's  and  Sites 

Section  450  No  schoolhouse  shall  be  built  on  town  line 

451  Plans  and  specifications  of  new1  school  buildings  must  be 

approved  by  Commissioner  of  Education 

452  Halls,  doors,  stairways,  staircases  etc. 

453  Fire  escapes 

454  Use  of  school  buildings  for  examinations  and  institutes 

455  Use  of  schoolhouse  and  grounds  out  of  school  hours 

456  Condemnation  of  schoolhouse  and  erection  of  new  schoolhouse 

in  place  thereof 

457  Provision  for  outbuildings 

458  When  board  of  education  may  designate  site  without  vote  of 

district 

459  Change  of  site 

460  Site,  how  designated 

461  Sale  of  former  schoolhouse  or  site 

462  Application  of  proceeds  of  sale 

463  Acquisition  of  real  property 

464  When  owner’s  consent  necessary 

465  Vesting  of  title  of  lands  in  certain  cases 

466  Application  to  certain  districts 

467  School  taxes  and  school  bonds 

§ 450  No  schoolhouse  shall  he  built  on  town  line. 

No  schoolhouse  shall  be  built  so  as  to  stand  on  the  division  line 
of  any  two  towns. 

§ 451  Plans  and  specifications  of  school  buildings 
must  be  approved  by  Commissioner  of  Education.  1 

No  schoolhouse  shall  hereafter  be  erected,  repaired,  enlarged  or 
remodeled  in  a city  of  the  third  class  or  in  a school  district,  at  an 
expense  which  shall  exceed  five  hundred  dollars,  until  the  plans 
and  specifications  thereof  shall  have  been  submitted  to  the  Com- 
missioner of  Education  and  his  approval  indorsed  thereon.  Such 
plans  and  specifications  shall  show  in  detail  the  ventilation,  heat- 
ing and  lighting  of  such  buildings. 

2 The  Commissioner  of  Education  shall  not  approve  the  plans 
for  the  erection  of  any  school  building  or  addition  thereto  or 
remodeling  thereof  unless  the  same  shall  provide 

a At  least  fifteen  square  feet  of  floor  space  and  two  hundred 
cubic  feet  of  air  space  for  each  pupil  to  be  accommodated  in  each 
study  or  recitation  room  therein. 


1 So  in  original. 


138 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


b For  assuring  at  least  thirty  cubic  feet  of  pure  air  every 
minute  per  pupil,  and 

c The  facilities  for  exhausting  the  foul  or  vitiated  air  therein 
shall  be  positive  and  independent  of  atmospheric  changes. 

3 No  tax  voted  by  a district  meeting  or  other  competent 
authority  in  any  such  city,  or  school  district  exceeding  the  sum 
of  five  hundred  dollars,  shall  he  levied  by  the  trustees  until  the 
Commissioner  of  Education  shall  certify  that  the  plans  and  speci- 
fications for  the  same  comply  with  the  provisions  of  this  section. 

§ 452  Halls,  doors,  stairways,  staircases  etc.  1 
All  schoolhouses  for  which  plans  and  detailed  statements  shall 
be  filed  and  approved,  as  required  by  the  preceding  section  shall 
have  all  halls,  doors,  stairways,  seats,  passage-ways  and  aisles  and 
all  lighting  and  heating  appliances  and  apparatus  arranged  to 
facilitate  egress  and  afford  adequate  protection  in  cases  of  fire  or 
accident. 

2 All  exit  doors  shall  open  outwardly,  and  shall,  if  double  doors 
be  used,  be  fastened  with  movable  bolts  operated  simultaneously 
by  one  handle  from  the  inner  face  of  the  door. 

3 No  staircase  shall  be  constructed  with  winder  steps  in  lieu 
of  a platform  but  shall  be  constructed  with  straight  runs,  changes 
in  direction  being  made  by  platforms.  No  door  shall  open  im- 
mediately upon  a flight  of  stairs,  but  a landing  at  least  the 
width  of  the  door  shall  be  provided  between  such  stairs  and  such 
doorway. 

§ 453  Fire  escapes.  1 All  school  buildings  in  the  State, 
except  in  the  city  of  New  York,  which  are  more  than  two  stories 
high,  shall  have  properly  constructed  stairways  on  the  outside 
thereof,  with  suitable  doorways  leading  thereto,  from  each  story 
above  the  first,  for  use  in  case  of  fire.  Such  stairways  shall  be 
kept  in  good  order  and  free  from  obstruction,  and  shall  not  be 
bolted  or  locked  during  school  hours. 

2 It  shall  be  the  duty  of  the  trustee  or  board  of  education 
having  charge  of  said  school  buildings  to  cause  such  stairways  to 
be  constructed  and  maintained,  and  the  reasonable  and  proper 
cost  thereof  shall  in  each  case  be  a legal  charge  upon  the  district 
or  city,  and  shall  be  raised  by  tax,  as  other  moneys  are  raised 
for  school  purposes. 

§ 454  Use  of  school  buildings  for  examinations 
and  institutes.  1 The  use  of  a school  building  shall  be 
granted  for  any  examination  or  teachers  institute  appointed  by 


EDUCATION  LAW 


139 


the  Commissioner  of  Education  upon  the  request  of  the  school  com- 
missioner in  whose  school  commissioner  district  or  the  superin- 
tendent of  the  city  in  which  such  building  is  located  or  upon  the 
direction  or  order  of  such  Commissioner  of  Education. 

2  No  charge  shall  be  made  therefor  except  when  such  building 
is  used  for  a teachers  institute,  in  which  case  a reasonable  allow- 
ance may  be  made  to  said  district  or  city  for  lighting,  heating 
and  janitor  service,  provided  always  that  due  and  proper  care 
shall  be  maintained  and  the  school  building  be  left  in  such  con- 
dition as  found  in  relation  to  cleanliness  and  neatness. 

§ 455  Use  of  schoolliouse  and  grounds  out  of 
school  hours.  Schoolhouses  and  grounds  connected  therewith 
and  all  property  belonging  to  the  district  shall  be  in  the  custody 
and  under  the  control  and  supervision  of  the  trustees  or  board  of 
education  of  the  district.  The  trustees  or  board  of  education  may 
adopt  reasonable  regulations  for  the  use  of  such  schoolhouses, 
grounds  or  other  property,  when  not  in  use  for  school  pur- 
poses, for  such  other  public  purposes  as  are  herein  provided. 
Such  regulations  shall  not  conflict  with  the  provisions  of  this 
chapter  and  shall  conform  to  the  purposes  and  intent  of  this 
section  and  shall  be  subject  to  review  on  appeal  to  the  Commis- 
sioner of  Education  as  provided  by  law.  The  trustees  or  board  of 
education  of  each  district  may,  subject  to  regulations  adopted  as 
above  provided,  permit  the  use  of  the  schoolhouse  and  rooms 
therein,  and  the  grounds  and  other  property  of  the  district,  when 
not  in  use  for  school  purposes,  for  any  of  the  following  purposes : 

1 By  persons  assembling  therein  for  the  purpose  of  giving  and 
receiving  instruction  in  any  branch  of  education,  learning  or  the 
arts. 

2 For  public  library  purposes,  subject  to  the  provisions  of  this 
chapter,  or  as  stations  of  public  libraries. 

3 For  holding  social,  civic  and  recreational  meetings  and 
entertainments,  and  other  uses  pertaining  to  the  welfare  of  the 
community;  but  such  meetings,  entertainment  and  uses  shall  be 
nonexclusive  and  shall  be  open  to  the  general  public. 

4 For  meetings,  entertainments  and  occasions  where  admission 
fees  are  charged,  when  the  proceeds  thereof  are  to  be  expended 
for  an  educational  or  charitable  purpose;  but  such  use  shall  not 
be  permitted  if  such  meetings,  entertainments  and  occasions  are 
under  the  exclusive  control,  and  the  said  proceeds  are  to  be 
applied  for  the  benefit  of  a society,  association  or  organization  of 


140 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


a religious  sect  or  denomination,  or  of  a fraternal,  secret  or  other 
exclusive  society  or  organization. 

5 For  polling  places  for  holding  primaries  and  elections,  and 
for  the  registration  of  voters,  and  for  holding  political  meetings. 
But  no  such  use  shall  be  permitted  unless  authorized  by  a vote  of 
a district  meeting,  held  as  provided  by  law.  It  shall  be  the  duty 
of  the  trustees  or  hoard  of  education  to  call  a special  meeting  for 
such  purpose  upon  the  petition  of  at  least  ten  per  centum  of  the 
qualified  electors  of  the  district.  If  such  authority  be  granted  by 
a district  meeting  it  shall  be  the  duty  of  such  trustees  or  board 
of  education  to  permit  such  use,  under  reasonable  regulations  to 
be  adopted  by  such  trustees  or  board  until  another  meeting  held 
in  like  manner  shall  have  revoked  such  authority. 

6 For  civic  forums  and  community  centers.  Upon  the  peti- 
tion of  at  least  twenty-five  citizens  residing  within  the  district 
or  city,  the  trustees  or  board  of  education  in  each  school  district 
or  city  shall  organize  and  conduct  community  centers  for  civic 
purposes,  and  civic  forums  in  the  several  school  districts  and 
cities,  to  promote  and  advance  principles  of  Americanization 
among  the  residents  of  the  State.  The  trustees  or  board  of  educa- 
tion in  each  school  district  or  city,  when  organizing  such  com- 
munity centers  or  civic  forums,  shall  provide  funds  for  the  main- 
tenance and  support  of  such  community  centers  and  civic  forums, 
and  shall  prescribe  regulations  for  their  conduct  and  supervision, 
provided  that  nothing  herein  contained  shall  prohibit  the  trustees 
of  such  school  district  or  the  hoard  of  education  to  prescribe  and 
adopt  rules  and  regulations  to  make  such  community  centers  or 
civic  forums  self-supporting  as  far  as  practicable.  Such  com- 
munity centers  and  civic  forums  shall  he  at  all  times  under  the 
control  of  the  trustees  or  hoard  of  education  in  each  school  district 
or  city,  and  shall  he  nonexclusive  and  open  to  the  general  public. 
[. Amended  by  L.  1918 , ch.  221 , and  L.1917,  ch.  21 in  effect 
April  19,  1917.] 

§ 456  Condemnation  of  schoolhouse  and  erection 
of  new  schoolhouse  in  place  thereof.  1 A school  com- 
missioner may  make  an  order  condemning  a schoolhouse,  if  he 
finds  upon  examination  that  such  schoolhouse  is  wholly  unfit  for 
use  and  not  worth  repairing.  He  shall  deliver  such  order  to  a 
trustee  of  the  district  and  transmit  a copy  thereof  to  the  Commis- 
sioner of  Education.  He  shall  also  state  in  such  order  the  date 


EDUCATION  DAW 


141 


on  which  it  shall  take  effect  and  the  sum  which  in  his  opinion 
will  be  necessary  to  erect  a school  building  suitable  to  the  needs 
of  the  district. 

2 Immediately  upon  the  receipt  of  said  order,  the  trustees  of 
such  district  shall  call  a special  meeting  of  the  voters  of  said 
district,  to  consider  the  question  of  building  a new  schoolhouse 
therein.  Such  meeting  shall  have  power  to  determine  the  size  of 
said  schoolhouse,  the  material  to  be  used  in  its  erection,  and  to 
vote  a tax  to  build  the  same.  But  such  meeting  shall  have  no 
power  to  reduce  the  estimate  made  by  the  Commissioner  aforesaid 
by  more  than  twenty-five  per  centum  of  such  estimate. 

3 And  where  no  tax  for  building  such  schoolhouse  shall  have 
been  voted  by  such  district  within  thirty  days  from  the  time  of 
holding  the  first  meeting  to  consider  the  question,  it  shall  be  the 
duty  of  the  trustees  of  such  district  to  contract  for  the  building 
of  a schoolhouse  capable  of  accommodating  the  children  of  the 
district,  and  to  levy  a tax  to  pay  for  the  same,  which  tax  shall 
not  exceed  the  sum  estimated  as  necessary  by  the  Commissioner 
aforesaid,  and  which  shall  not  be  less  than  such  estimated  sum 
by  more  than  twenty-five  per  centum  thereof.  But  such  estimated 
sum  may  be  increased  at  any  subsequent  school  meeting  legally 
held  in  the  district. 

§ 457  Provision  for  outbuildings.  1 The  trustees  in 
the  several  school  districts  shall  provide  at  least  two  suitable  and 
convenient  water-closets  or  privies  for  each  of  the  schools  under 
their  charge,  which  shall  be  entirely  separated  each  from  the 
other,  and  have  separate  means  of  access,  and  approaches  thereto 
separated  by  a substantial  close  fence  not  less  than  seven  feet  in 
height.  It  shall  also  be  the  duty  of  trustees  to  keep  such  out 
buildings  in  a clean  and  wholesome  condition. 

2 The  board  of  education  of  each  union  free  school  district 
and  of  a city  shall  provide  and  maintain  at  least  two  suitable 
and  convenient  water-closets  or  privies  for  each  of  the  schools 
under  their  charge,  and  in  conformity  with  the  provisions  of 
this  section. 

3 Any  expense  incurred  by  the  trustees  of  a common  school 
district  in  carrying  out  the  requirements  of  this  section  shall  be 
a charge  upon  the  district,  when  such  expense  shall  have  been 
authorized  by  the  school  commissioner  within  whose  district  the 
schoolhouse  is  located,  and  a tax  may  be  levied  therefor  without 
a vote  of  the  school  district.  Any  expense  incurred  by  the  board 


142 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  education  in  carrying  out  the  foregoing  provisions  shall  be  a 
charge  upon  the  district  or  city  and  payable  out  of  any  of  the 
contingent  funds  thereof ; and  a tax  may  be  levied  therefor  with- 
out a vote  of  the  district. 

4 A failure  on  the  part  of  the  trustees  or  a board  of  education 
to  comply  with  the  provisions  of  this  section  shall  be  sufficient 
grounds  for  their  removal  from  office  and  for  withholding  from 
the  district  or  city  its  share  of  the  public  moneys  of  the  State. 

§ 458  When  board  of  education  may  designate 
site  without  vote  of  district.  A board  of  education  in  a 
union  free  school  containing  a population  of  five  thousand  or 
more  may,  without  a vote  of  the  qualified  voters  of  said  district, 
designate  sites  or  additions  thereto  for  schoolhouses. 

§ 459  Change  of  site.  jSTo  site  of  a schoolhouse  shall  be 
changed  unless  a majority  of  the  legal  voters  present  and  voting 
at  a district  meeting  shall  adopt  a resolution  designating  a new 
site  and  describing  such  site  by  metes  and  bounds.  Such  resolu- 
tion shall  be  adopted  either  by  ballot  or  taking  and  recording 
the  ayes  and  noes. 

§ 460  Site,  how  designated.  The  designation  of  a site 
by  any  school  district  meeting  shall  be  by  written  resolution  con- 
taining a description  thereof  by  metes  and  bounds,  and  such  reso- 
lution must  receive  the  assent  of  a majority  of  the  qualified  voters 
present  and  voting  at  said  meeting,  to  be  ascertained  by  taking 
and  recording  the  ayes  and  noes,  or  by  ballot. 

§ 461  Sale  of  former  schoolhouse  or  site.  1 When- 
ever the  site  of  a schoolhouse  shall  have  been  changed,  as  herein 
provided,  the  inhabitants  of  a district  entitled  to  vote,  lawfully 
assembled  at  any  district  meeting,  shall  have  power,  by  a majority 
of  the  votes  of  those  present,  to  direct  the  sale  of  the  former 
site  or  lot,  and  the  buildings  thereon  and  appurtenances  or  any 
part  thereof,  at  such  price  and  upon  such  terms  as  they  shall 
deem  proper;  and  any  deed  duly  executed  by  the  trustees  of  such 
district,  or  a majority  of  them,  in  pursuance  of  such  direction, 
shall  be  valid  and  effectual  to  pass  all  the  estate  or  interest  of 
such  school  district  in  the  premises. 

2 When  a credit  shall  be  directed  to  be  given  upon  such  sale 
for  the  consideration  money,  or  any  part  thereof,  the  trustees  are 
hereby  authorized  to  take  in  their  corporate  name  such  security 
by  bond  and  mortgage,  or  otherwise,  for  the  payment  thereof,  a? 
thev  shall  deem  best,  and  shall  hold  the  same  as  a corporation. 


EDUCATION  LAW 


143 


and  account  therefor  to  their  successors  in  office  and  to  the  district, 
in  the  manner  they  are  now  required  by  law  to  account  for 
moneys  received  by  them;  and  the  trustees  of  any  such  district 
and  their  successors  may,  in  their  name  of  office,  sue  for  and 
recover  the  moneys  due  and  unpaid  upon  any  security  so  taken 
by  them  or  their  predecessors. 

§ 462  Application  of  proceeds  of  sale.  All  moneys 
arising  from  any  sale  made  in  pursuance  of  the  last  preceding 
section,  shall  be  applied  to  the  expenses  incurred  in  procuring  a 
new  site,  and  in  removing  or  erecting  thereon  a schoolhouse,  and 
improving  and  furnishing  such  site  and  house,  and  their  appur- 
tenances, so  far  as  such  application  shall  be  necessary ; and  the 
surplus,  if  any,  shall  be  devoted  to  the  purchase  of  school  ap- 
paratus and  the  support  of  the  school,  as  the  voters  of  the  district 
at  any  meeting  shall  direct. 

§ 463  Acquisition  of  real  property.  Real  property 
may  be  acquired  in  any  school  district  and  in  any  city  except  a 
city  of  the  first  or  second  class,  for  school  purposes  and  for  any 
other  purpose  for  which  such  property  may  be  acquired  as  pro- 
vided in  this  chapter,  as  follows : 

1 By  gift,  grant,  devise  or  purchase. 

2 By  condemnation,  if  an  agreement  can  not  be  made  with  the 
owner  for  the  purchase  thereof.  Such  proceedings  shall  be  insti- 
tuted and  conducted  by  the  trustee  or  board  of  education,  in  the 
name  of  the  district  under  the  provisions  of  the  condemnation 
law. 

3 This  section  does  not  permit  the  acquisition  by  condemna- 
tion of  less  than  the  whole  of  a city  or  village  lot  with  the  erec- 
tions and  improvements  thereon.  [ Amended  by  L.  1913 , ch.  221.] 

§ 464.  When  owner’s  consent  necessary.  The  fol- 
lowing property  can  not  be  acquired  without  the  consent  of  the 
owner : 

1 A homestead  occupied  as  such  by  the  owner,  except  such 
portion  thereof  as  may  appear  to  the  court  to  be  unnecessary  for 
the  reasonable  use  and  enjoyment  of  the  homestead. 

2 A garden,  orchard  or  any  part  thereof,  not  within  a city, 
which  has  existed  for  a period  of  one  year  prior  to  the  beginning 
of  the  condemnation  proceedings. 

3 A yard  or  enclosure,  or  any  part  thereof,  necessary  to  the 
use  or  enjoyment  of  buildings. 

4 Fixtures  or  erections  for  the  purpose  of  trade  or  manufac- 
ture, which  have  existed  for  a period  of  one  year  prior  to  the 


144 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


beginning  of  the  condemnation  proceedings.  [Amended  by 
L.  1911,  ch.  782.'] 

§ 465  Vesting  of  title  of  lands  in  certain  cases. 

Boards  of  education  in  cities  of  the  third  class  are  hereby  clothed 
with  all  the  powers  of  trustees,  and  the  title  to  any  and  all  lands 
acquired  in  any  city  under  the  provisions  of  section  463  of  this 
chapter  shall  vest  in  the  board  of  education  thereof,  or  such  other 
corporate  body  as  is  by  law  vested  with  the  title  to  the  school 
lands  in  such  city.  But  nothing  herein  contained  shall  be  con- 
strued to  limit  or  circumscribe  the  powers  and  duties  heretofore 
lodged  in  such  board  of  education  by  law. 

§ 466  Application  to  certain  districts.  The  pro- 
vision of  section  463  of  this  article  shall  apply  to  union  free 
school  districts  and  to  districts  organized  under  special  laws; 
and  the  trustees  of  such  districts  and  the  boards  of  education 
organized  under  special  laws  shall  be  and  are  hereby  clothed  with 
all  the  powers  vested  in  trustees  in  the  three  preceding  sections. 

§ 467  School  taxes  and  school  bonds.  1 A majority 
of  the  voters  of  any  school  district,  present  at  any  annual  or 
special  district  meeting,  duly  convened,  may  authorize  such  acts 
and  vote  such  taxes  as  they  shall  deem  expedient  for  making 
additions,  alterations,  repairs  or  improvements,  to  the  sites  or 
buildings  belonging  to  the  district,  or  for  the  purchase  of  other 
sites  or  buildings,  or  for  a change  of  sites,  or  for  the  purchase  of 
land  and  buildings  for  agricultural,  athletic,  playground  or  social 
center  purposes,  or  for  the  erection  of  new  buildings,  or  for  buy- 
ing apparatus,  implements,  or  fixtures,  or  for  paying  the  wages 
of  teachers,  and  the  necessary  expenses  of  the  school,  or  for  such 
other  purposes  relating  to  the  support  and  welfare  of  the  school 
as  they  may,  by  resolution,  approve.  [ Subdivision  1 amended 
by  L.  1913 , ch.  221.] 

2 On  all  propositions  arising  at  said  meetings  involving  the 
expenditure  of  money,  or  authorizing  the  levy  of  a tax  in  one 
sum  or  by  instalments,  the  vote  thereon  shall  be  by  ballot,  or 
ascertained  by  taking  and  recording  the  ayes  and  noes  of  such 
qualified  voters  attending  and  voting  at  such  meetings;  and  they 
may  direct  the  moneys  so  voted  to  be  levied  in  one  sum,  or  by 
instalments. 

3 No  addition  to  or  change  of  site  or  purchase  of  a new  site 
or  tax  for  the  purchase  of  any  new  site  or  structure,  or  for  the 
purchase  of  an  addition  to  the  site  of  any  schoolhouse,  or  for  the 


EDUCATION'  LAW 


145 


purchase  of  land  and  buildings  for  agricultural,  athletic,  play- 
ground or  social  center  purposes,  or  for  building  any  new  school- 
house  or  for  the  erection  of  an  addition  to  any  schoolhouse  already 
built,  shall  be  voted  at  any  such  meeting  in  a union  free  school 
district  unless  a notice  by  the  board  of  education  stating  that 
such  tax  will  be  proposed,  and  specifying  the  object  thereof  and 
the  amount  to  be  expended  therefor,  shall  have  been  given  in  the 
manner  provided  herein  for  the  notice  of  an  annual  meeting. 
In  a common  school  district  the  notice  of  a special  meeting  to 
authorize  any  of  the  improvements  enumerated  in  this  section 
shall  be  given  as  provided  in  section  197.  [Subdivision  3 
amended  by  L.  1913 , ch.  221.'] 

4 And  whenever  a tax  for  any  of  the  objects  hereinbefore 
specified  shall  be  legally  voted  the  board  of  trustees  or  board 
of  education  shall  make  out  their  tax  list,  and  attach  their  war- 
rant thereto,  in  the  manner  provided  in  article  15  of  this  chapter, 
for  the  collection  of  school  district  taxes,  and  shall  cause  such 
taxes  or  such  instalments  to  be  collected  at  such  times  as  they  shall 
become  due. 

5 ~No  vote  to  raise  money  shall  be  rescinded,  nor  the  amount 
thereof  be  reduced  at  any  subsequent  meeting,  unless  it  be  an 
adjourned  meeting  or  a meeting  called  by  regular  and  legal  notice, 
which  shall  specify  the  proposed  action,  and  at  which  the  vote 
upon  said  proposed  reduction  or  rescinding  shall  be  taken  by  ballot 
or  by  taking  and  recording  the  ayes  and  noes  of  the  qualified 
voters  attending  and  voting  thereat. 

ARTICLE  17 
School  District  Bonds 

§ 480  Issuance  of  school  district  bonds.  1 For  the 

purpose  of  giving  effect  to  the  provisions  of  section  467  of  this 
chapter,  trustees  or  boards  of  education  are  hereby  authorized, 
whenever  a tax  shall  have  been  voted  to  be  collected  in  instalments, 
for  the  purpose  of  building  a new  schoolhouse,  or  building  an 
addition  to  a schoolhouse,  or  making  additions,  alterations  or 
improvements  to  buildings  or  structures  belonging  to  the  district 
or  city,  or  for  the  purchase  of  a new  site  or  for  an  addition  to  a 
site,  or  for  the  purchase  of  land  or  buildings  for  agricultural, 
athletic,  playground,  or  social  center  purposes,  to  borrow  so  much 
of  the  sum  voted  as  may  be  necessary,  at  a rate  of  interest  not 
exceeding  six  per  centum,  and  to  issue  bonds  or  other  evidences 


146 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  indebtedness  therefor,  which  shall  be  a charge  upon  the  district, 
and  be  paid  at  maturity,  and  which  shall  not  be  sold  below  par. 
[f Subdivision  1 amended  by  L.  1913,  ch.  221.] 

2 .Notice  of  the  time  and  place  of  the  sale  of  such  bonds  shall 
be  given  by  the  trustees  or  board  of  education  at  least  ten  days 
prior  thereto  by  publication  twice  in  two  newspapers,  if  there  be 
two,  or  in  one  newspaper  if  there  be  but  one  published  in  such 
district.  But  if  no  newspaper  shall  then  be  published  therein, 
the  said  notice  shall  be  posted  in  at  least  ten  of  the  most  public 
places  in  said  district  ten  days  before  the  sale. 

3 It  shall  be  the  duty  of  the  trustees  or  the  persons  having 
charge  of  the  issue  or  payment  of  such  indebtedness,  to  transmit  a 
statement  thereof  to  the  clerk  of  the  board  of  supervisors  of  the 
county  in  which  such  indebtedness  is  created,  annually,  on  or 
before  the  first  day  of  November. 

4 When  such  bonds  are  sold  by  a union  free  school  district 
whose  boundaries  are  the  same  as  the  boundaries  of  an  incorpo- 
rated village  or  city,  such  bonds  shall  be  signed  by  the  president 
and  clerk  of  the  board  of  education  and  delivered  to  the  treasurer 
of  such  village  or  city  who  shall  countersign  them  and  give  notice 
of  the  sale  thereof  in  like  manner  as  is  provided  for  the  notice 
of  sale  of  bonds  in  subdivision  2 of  this  section.  The  proceeds 
of  the  sale  of  such  bonds  shall  be  paid  into  the  treasury  of  said 
incorporated  village  or  city,  to  the  credit  of  the  board  of  education. 

5 When  such  bonds  are  sold  by  a common  school  district  the 
payment  or  collection  of  the  last  instalment  shall  not  be  extended 
beyond  twenty  years  from  the  time  such  vote  was  taken. 

6 All  of  the  provisions  of  the  general  municipal  law  relative 
to  the  method  of  the  registry  of  municipal  bonds  and  the  con- 
version of  coupon  into  registered  bonds  shall  apply  to  bonds  issued 
pursuant  to  the  provisions  of  this  section,  except  that  the  duties 
therein  required  to  be  performed  by  the  clerk  of  a municipal 
corporation  shall  be  performed  by  the  clerk  of  the  school  district. 
[Subdivision  6 added  by  L.  191 J+,  ch.  31.] 

7 A trustee,  board  of  education,  qualified  elector  or  taxpayer 
of  a school  district,  a purchaser  of  school  district  bonds  or  other 
evidence  of  indebtedness  issued  and  sold  as  provided  in  this 
section,  or  a person  holding  any  of  such  bonds  or  evidences  of 
indebtedness  may  institute  a proceeding  before  the  Commissioner 
of  Education,  in  accordance  with  rules  and  regulations  to  be  pre- 
scribed by  him,  for  the  purpose  of  ratifying  and  confirming  the 


EDUCATION  LAW 


147 

proceedings  of  a district  meeting  authorizing  the  levy  and  col- 
lection of  a tax  payable  in  instalments  as  provided  in  section  467 
of  this  chapter,  and  the  proceedings  and  official  acts  of  a trustee, 
board  of  trustees  or  board  of  education  of  such  district  under  this 
section,  and  for  the  purpose  of  legalizing  and  validating  the  bonds 
or  other  evidences  of  indebtedness  of  such  district  issued  and  sold 
under  this  section.  If  it  appear  to  the  satisfaction  of  the  Com- 
missioner that  the  acts  and  proceedings  of  district  officers  and 
meetings  pertaining  to  the  levy  and  collection  of  taxes  payable 
in  instalments  for  the  objects  specified  in  such  section  467  of  this 
chapter,  and  of  the  trustees  and  boards  of  education  and  other 
district  officers  pertaining  to  the  issuance  and  sale  of  such  bonds, 
substantially  complied  with  the  provisions  of  this  chapter,  he 
shall  render  a decision  ratifying  and  confirming  such  acts  and 
proceedings,  and  may  in  a proper  case  issue  an  order  directing 
that  a tax  be  levied  for  the  payment  of  the  principal  and  interest 
of  such  bonds  or  other  evidences  of  indebtedness.  If  there  has 
been  a fair  expression  of  the  will  of  the  qualified  electors  of  the 
district  and  it  appears  that  the  action  taken  was  not  affected  or 
prejudiced  by  defects  in,  or  failure  to  give,  the  notice  required  by 
statute,  or  if  it  appears  that  the  failure  to  take,  or  a defect  in, 
any  step  in  the  acts  or  proceedings  of  district  officers  or  meetings 
did  not  influence  materially  the  result  of  such  meetings,  the  Com- 
missioner may  disregard  such  defects  or  failure  and  determine 
that  there  has  been  a substantial  compliance  with  the  statute. 
The  decision  of  the  Commissioner  of  Education  in  such  proceeding 
shall  have  the  same  force  and  effect  as  a decision  rendered  by  him 
in  an  appeal  brought  as  provided  in  section  880  of  this  chapter. 
[Subdivision  7 , added  by  L.  1917 , ch.  1^13,  in  effect  May  8 , 1917.] 

Legalizing  School  Bonds;  Rate  of  Interest 

General  Municipal  Law 

ARTICLE  2-a 

[Inserted  by  L.  1911,  ch.  769] 

Legalizing  Bonds  or  Proceedings  for  Issuance 

Section  22  Legalizing  proceedings 

23  Petition 

24  Notice  of  presentation  of  petition;  filing;  answer 

25  Hearing 

26  Determination  of  court 

27  Appeal 

28  Effect  of  determination 

29  Definitions 


148 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 22  Legalizing  proceedings.  Proceedings  heretofore 
or  hereafter  taken  by  a municipal  corporation  authorized  by  law 
to  issue  bonds,  or  by  its  officers,  agents  or  voters,  pursuant  to  a 
statute  authorizing  or  requiring  such  proceedings,  may  be  legal- 
ized and  confirmed  by  the  supreme  court  in  the  manner  and  with 
the  effect  provided  by  this  article.  A proceeding  may  be  instituted 
hereunder  for  the  purposes  of  legalizing  and  confirming  such  pro- 
ceedings taken  prior  to  the  issuance  and  sale  of  such  bonds,  or 
for  the  purpose  of  legalizing  and  confirming  such  preliminary 
proceedings  and  also  the  issuance,  sale  and  form  of  such  bonds. 
Such  a proceeding  may  be  instituted  by  the  officer  or  officers  of 
such  municipal  corporation  authorized  or  required  by  law  to  sell 
such  bonds,  or  if  the  purpose  of  such  proceeding  also  includes  the 
legalizing  and  confirming  of  the  proceedings  in  respect  to  the 
issuance,  sale  and  form  of  such  bonds,  by  any  taxpayer  of  the 
municipal  corporation  or  by  a purchaser  or  holder  of  such  bonds. 

§ 23  Petition.  The  officer  or  person  commencing  such 
proceeding  shall  present  a verified  petition  to  a special  term  of 
the  Supreme  Court  held  within  the  judicial  district  in  which  such 
municipal  corporation  is  wholly  or  partly  situated,  stating  the 
statute  under  which  it  is  proposed  to  issue  such  bonds  or  under 
which  such  bonds  were  issued,  the  purpose  thereof,  the  aggregate 
amount  of  bonds  proposed  to  be  issued  or  issued,  the  time  when 
such  bonds  are  payable,  and  all  proceedings  that  have  been  taken 
by  the  municipal  corporation,  or  by  its  officers,  agents  or  voters,  in 
respect  to  the  issuance  and  sale  of  such  bonds,  and  praying  that 
such  court  shall  investigate  the  law  and  facts  in  relation  to  such 
proceedings  and  determine  whether  such  proceedings  substantially 
complied  with  the  statute  under  which  it  is  proposed  to  issue  and 
sell  such  bonds,  or  under  which  such  bonds  were  issued  and  sold. 
Such  petition  may  also  state  any  particular  in  which  the  petitioner 
deems  that  such  proceedings  may  not  have  complied  with  the 
statute  under  which  it  is  proposed  to  issue  and  sell  such  bonds,  or 
under  which  the  same  were  issued  and  sold. 

§ 24  Notice  of  presentation  of  petition;  filing;; 
answer.  A notice  stating  the  time  and  place  of  the  presenta- 
tion of  such  petition  and  briefly  describing  the  proceedings  sought 
to  be  legalized  and  confirmed  shall  be  published  at  least  twice  in 
a newspaper,  if  any,  published  in  the  municipal  corporation,  or 
if  no  newspaper  be  published  therein,  in  a newspaper  published 
in  the  city,  village  or  town  nearest  to  such  municipal  corporation. 
Such  publication  shall  be  made  at  least  twenty  and  not  more  than 


EDUCATION  LAW 


14& 

thirty  days  prior  to  the  date  of  such  hearing.  Such  notice  shall 
also  be  posted  in  at  least  ten  conspicuous  public  places  in  the 
municipal  corporation.  If  such  proceeding  be  instituted  by  a tax- 
payer, or  a purchaser  or  holder  of  bonds  which  have  been  issued, 
such  notice  shall  also  be  served  upon  the  mayor  of  a city,  the  presi- 
dent of  a village,  the  supervisor  of  a town,  or  the  officer,  board  or 
commission  authorized  or  required  by  law  to  sell  such  bonds,  and 
upon  any  known  purchaser  or  holder  of  such  bonds.  Such  notice 
shall  be  so  served  personally  or  by  mail  at  least  twenty  days  before 
the  date  of  such  hearing  and  shall  be  accompanied  by  the  petition 
proposed  to  be  presented  at  such  hearing,  and  at  least  ten  days 
prior  to  such  hearing  such  municipal  corporation  may  serve  on  the 
petitioner  a verified  answer  to  such  petition.  If  such  proceeding 
be  instituted  by  a municipal  officer  or  officers,  a copy  of  the  peti- 
tion proposed  to  be  presented  at  the  hearing  shall  be  filed  in  the 
office  of  the  officer  or  officers  authorized  or  required  by  law  to  sell 
such  bonds.  At  any  time  prior  to  such  hearing  a taxpayer  of 
such  municipality,  or  if  such  bonds  have  been  issued,  a holder  or 
purchaser  may  file  in  such  office  a verified  answer  to  such 
petition. 

§ 25  Hearing.  At  the  time  of  such  hearing  any  taxpayer 
of  the  municipal  corporation,  or  if  such  bonds  have  been  issued, 
any  holder  or  purchaser  thereof  may  intervene  and  with  the  con- 
sent of  the  court  be  made  a party  thereto.  Upon  such  hearing 
any  party  to  such  proceeding  may  appear,  by  counsel,  and  may 
produce  and  examine  witnesses  as  to  the  proceedings  taken  in 
respect  to  the  issue  and  sale  of  such  bonds.  Such  witnesses  shall 
be  subject  to  cross-examination  by  any  party  appearing  at  such 
hearing. 

The  court  may  appoint  a referee  to  take  testimony  in  respect  to 
the  proceedings  for  the  issuance  and  sale  of  such  bonds  and  may 
otherwise  require  the  parties  thereto  to  produce  proof,  by  affidavit 
or  otherwise,  of  any  facts  which  may  tend  to  enable  the  court  to 
make  a full  and  complete  determination  in  respect  to  the  pro- 
ceedings for  the  issuance  and  sale  of  such  bonds. 

§ 26  Determination  of  court.  If,  after  such  hearing 
and  investigation,  such  court  is  satisfied  that  the  statute  under 
which  such  proceedings  were  taken  authorized  bonds  to  be  issued 
by  the  municipal  corporation  for  the  aggregate  amount  for  which 
it  is  proposed  to  issue  the  same,  or  for  the  amount  of  bonds  issued 
and  sold  thereunder  if  such  bonds  have  been  already  issued  and 
sold,  and  that  the  proceedings  taken  by  such  municipal  corporation, 
its  officers,  agents  or  voters,  prior  to  the  issuance  and  sale  of  such 


150 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


bonds,  or  including  the  issuance  and  sale  of  such  bonds  have 
been  already  issued,  substantially  complied  with  the  statute  under 
which  it  is  proposed  to  issue  such  bonds,  or  under  which  such 
bonds  were  issued  and  sold,  the  court,  may,  by  order,  legalize  and 
confirm  the  proceedings  taken  prior  to  the  issue  and  sale  of  such 
proposed  bonds,  or  if  such  bonds  have  been  issued,  including  the 
proceedings  on  the  issuance  and  sale  thereof  and  the  form  of  the 
bonds  issued  thereunder,  with  the  same  force  and  effect  as  though 
all  the  provisions  of  law  in  relation  to  such  proceedings  and  form 
had  been  strictly  complied  with.  The  court  may  determine  that 
such  statute  was  substantially  complied  with  if  it  authorized  the 
aggregate  amount  of  bonds  proposed  to  be  issued  of  issued 
thereunder,  that  the  proposition  to  issue  such  bonds  was  adopted 
at  the  election,  if  any,  to  which  it  was  submitted  or  by  the 
required  vote  of  the  meeting  of  the  body  or  board  to  which  it  was 
submitted,  and  that  such  bonds,  if  issued  and  sold  were  sold  at 
not  less  than  par  and  at  a rate  of  interest  no  greater  than  was 
authorized  by  the  statute  under  which  such  bonds  were  issued, 
notwithstanding  any  irregularity  or  technicality  in  the  form  of 
proposition  or  resolution  proposing  or  authorizing  such  issue,  or 
in  the  notice  of  the  election  or  of  the  meeting  of  the  board  or  body 
adopting  such  resolution  or  authorization,  or  in  the  time  or  manner 
of  service  thereof,  or  in  the  conduct  of  the  election  or  meeting  at 
which  such  proposition  or  authorization  was  adopted,  or  in  that 
such  proposition  was  submitted  more  than  once  within  one  year 
or  other  shorter  period  than  authorized  by  law,  or,  if  such  bonds 
have  already  been  issued  in  the  manner  of  issuance  or  sale  thereof, 
or  in  the  time  or  times  of  payment  thereof,  notwithstanding  any 
other  technical  or  formal  irregularity  of  like  nature  in  such  pro- 
ceedings. If  the  court  is  satisfied  that  the  proceedings  for  the 
issuance  and  sale  of  such  bonds  did  not  subtantially  comply  with 
the  statute  under  which  it  was  proposed  to  issue  and  sell  the  same 
or  under  which  the  same  were  issued  and  sold,  he  may  make  an 
order  accordingly  specifying  the  particulars  in  which  he  deems 
that  such  proceedings  failed  to  comply  with  such  statute. 

§ 27  Appeal.  An  appeal  may  be  taken  to  the  Appelate 
Division  from  the  order  of  the  Supreme  Court  legalizing  and  con- 
firming such  proceedings,  or  refusing  to  legalize  and  confirm 
the  same.  Such  appeal  must  be  taken  within  ten  days  after  the 
entry  of  the  order,  by  the  service  of  the  notice  of  appeal  upon  all 
the  parties  to  such  proceeding  who  appeared  personally  or  by 
counsel  at  the  hearing  before  the  Supreme  Court.  The  decision 
of  the  Appellate  Division  thereon  shall  be  final. 


EDUCATION-  LAW 


151 


§ 28  Effect  of  determination.  If  the  order  of  the 
Supreme  Court  legalizes  and  confirms  such  proceedings,  upon  the 
expiration  of  the  time  to  appeal  therefrom  if  no  appeal  he  taken, 
or  upon  the  entry  of  the  final  order  of  the  Appellate  Division  con- 
firming such  order  of  the  Supreme  Court,  such  proceedings,  shall 
be  deemed  legalized  and  confirmed.  If  such  proceeding  was 
instituted  to  legalize  and  confirm  proceedings  prior  to  the  issuance 
and  sale  of  such  bonds,  the  officer  or  officers  of  such  municipal 
corporation  authorized  to  issue  such  bonds  may  issue  and  sell  the 
same  accordingly,  and  the  validity  of  such  bonds  shall  not  there- 
after be  in  any  manner  questioned  by  reason  of  any  defect  or 
irregularity  in  such  preliminary  proceedings,  and  notwithstanding 
any  such  irregularity  or  defect  shall  be  binding  and  legal  obliga- 
tions upon  the  municipal  corporation  issuing  and  selling  the  same. 
If  such  proceeding  was  instituted  to  legalize  and  confirm  the  pro- 
ceedings for  the  issue  and  sale  of  bonds  that  were  issued  and  sold 
at  the  time  such  proceeding  was  instituted,  such  bonds  shall  be 
valid  and  binding  obligations  upon  the  municipal  corporation,  in 
like  manner,  and  the  validity  thereof  shall  not  in  any  manner 
be  questioned  by  reason  of  any  irregularity  or  defect  in  the  pro- 
ceedings for  the  issue  and  sale  of  such  bonds,  or  in  the  form 
thereof. 

§ 29  Definitions.  The  term  “ municipal  corporation  ” as 
used  in  this  article  includes  a city,  county,  village,  town,  school 
district,  sewer  district,  water  /district,  lighting  district  or  any 
other  district  or  territory  authorized  by  law  to  issue  bonds. 

The  term  “ bonds  ” as  used  in  this  article  includes  bonds,  corpo- 
rate stock,  certificates  of  indebtedness  or  any  other  obligations 
whereby  a municipal  corporation  agrees  to  pay  a stated  sum  of 
money. 

Interest  on  Bonds 
(General  Municipal  Law,  Sec.  21) 

§ 21  Maximum  rate  of  interest  on  municipal 

bonds.  If  in  any  general  or  special  law  heretofore  passed 
authorizing  or  requiring  an  issue  of  bonds  by  a municipal  corpo- 
poration,  or  by  any  department,  board,  commission,  or  officer 
thereof,  a maximum  rate  of  interest  on  the  bonds  to  be  issued 
thereunder  be  prescribed,  the  rate  of  interest  on  such  bonds  here- 
after issued  in  pursuance  of  such  general  or  special  law  may  be 
fixed  by  the  department,  board,  commission  or  officer  charged  by 
law  with  the  duty  of  issuing  such  bonds  at  any  rate  not  more  than 
the  legal  rate  of  interest,  notwithstanding  the  provisions  of  such 
general  or  special  law  prescribing  a different  maximum  rate.  The 


152 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


term  “ municipal  corporation  ” as  used  in  this  section  includes 
a city,  county,  village,  town,  school  district,  sewer  district,  water 
district,  lighting  district  or  any  other  district  or  territory  author- 
ized by  law  to  issue  bonds,  and  the  term  “ bonds  ” includes  bonds, 
corporate  stock,  certificates  of  indebtedness  or  any  other  obligation 
whereby  a municipal  corporation  agrees  to  pay  a stated  sum  of 
money.  [Added  by  L.  1911,  ch.  573.~\ 

ARTICLE  18 
School  Moneys 

Section  490  When  apportioned  and  how  applied 

491  Apportionment  of  moneys  appropriated  for  the  support  of  com- 

mon schools 

491 -a  Additional  apportionment  of  school  moneys 

492  Conditions  under  which  cities  and  districts  are  entitled  to  an 

apportionment  from  the  appropriation  for  the  support  of 

common  schools 

493  Apportionment  of  moneys  appropriated  to  cities,  academies, 

academic  departments  and  school  libraries 

494  Manner  of  certifying  and  paying  apportionment  provided  fw 

in  preceding  section 

495  County  treasurers  to  render  annual  report 

496  Certificate  of  apportionment  by  Commissioner  of  Education 

497  Moneys  apportioned,  when  and  how  payable 

498  Apportionment  of  school  moneys  by  district  superintendents 

499  Duty  of  and  payment  to  supervisor 

500  Power  of  Comptroller  to  withhold  payment  of  school  moneys 

501  Union  free  school  district  and  city,  a school  district 

502  Apportionment  for  support  of  training  classes 

§ 490  When  apportioned,  and  how  applied.  The 

amount  annually  appropriated  by  the  Legislature  for  the  support 
of  common  schools  shall  be  apportioned  by  the  Commissioner  of 
Education  on  or  before  the  twentieth  day  of  January  in  each  year 
as  hereinafter  provided;  and  all  moneys  so  apportioned  shall  be 
applied  exclusively  to  the  payment  of  teachers’  salaries. 

§ 491  Apportionment  of  moneys  appropriated  for 
the  support  of  common  schools.  After  setting  apart  there- 
from for  a contingent  fund  not  more  than  ten  thousand  dollars, 
the  Commissioner  of  Education  shall  apportion  the  money  appro- 
priated for  the  support  of  common  schools: 

1 To  each  city  and  to  each  union  school  district  which  has  a 
population  of  five  thousand  and  which  employs  a superintendent 
of  schools,  eight  hundred  dollars.  This  shall  be  known  as  a super- 
vision quota. 

2 To  each  district  having  an  assessed  valuation  of  twenty 
thousand  dollars  or  less,  two  hundred  dollars. 


EDUCATION  LAW 


153 


3 To  each  district  having  an  assessed  valuation  of  forty  thou- 
sand dollars  or  less,  but  exceeding  twenty  thousand  dollars,  one 
hundred  and  seventy-five  dollars. 

4 To  each  district  having  an  assessed  valuation  of  sixty  thou- 
sand dollars  or  less,  hut  exceeding  forty  thousand  dollars,  and 
to  each  Indian  reservation  for  each  teacher  employed  therein  for 
a period  of  one  hundred  and  eighty  days  or  more,  one  hundred 
fifty  dollars.  [Subdivision  If  amended  by  L.  1917 , cli.  7 If,  in 
effect  March  20,  1917.] 

5 To  each  of  the  orphan  asylums  which  meet  the  conditions 
mentioned  in  article  35  of  this  chapter,  one  hundred  and  twenty- 
five  dollars. 

6 To  each  of  the  remaining  districts  and  to  each  of  the  cities 
in  the  State  one  hundred  twenty-five  dollars.  The  apportionment 
provided  for  by  subdivisions  2,  3,  4,  5 and  6 shall  be  known  as 
district  quotas. 

7 To  each  such  district,  city  and  orphan  asylum  for  each  addi- 
tional qualified  teacher  and  his  successors  by  whom  the  common 
schools  have  been  taught  during  the  period  of  time  required  by 
law,  one  hundred  dollars.  The  apportionment  provided  for  by 
this  subdivision  shall  be  known  as  the  teachers’  quota. 

8 To  a school  district  or  a city  which  has  failed  to  maintain 
school  for  one  hundred  eighty  days  or  which  has  employed  an 
extra  teacher  for  a shorter  period  than  one  hundred  eighty  days 
such  part  of  a district  or  teacher’s  quota  as  seems  to  him  equitable 
when  the  reason  for  such  failure  is  in  his  judgment  sufficient 
to  warrant  such  action;  but  in  case  such  failure  to  maintain  a 
school  in  such  district  or  city  for  a period  of  one  hundred  eighty 
days  was  caused  by  the  prevalence  of  an  infectious  or  contagious 
disease  in  the  community,  the  Commissioner  may  in  his  discretion 
apportion  to  such  district  or  city  full  district  and  teachers’  quotas. 
[Subdivision  8 amended  by  L.  1917,  ch.  7 If,  in  effect  March  20, 
1917.] 

9 To  each  separate  neighborhood  such  sum  as  in  his  opinion 
it  is  equitably  entitled  to  receive  upon  the  basis  of  distribution 
established  by  this  article. 

10  All  errors  or  omissions  in  the  apportionment  whether  made 
by  the  Commissioner  of  Education  or  by  the  school  commissioner 
shall  be  corrected  by  the  Commissioner  of  Education.  Whenever 
a school  district  has  been  apportioned  less  money  than  that  to 
which  it  is  entitled  the  Commissioner  of  Education  may  allot  to 


154 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


such  district  the  balance  to  which  it  is  in  his  judgment  entitled 
and  the  same  shall  be  paid  from  the  contingent  fund.  Whenever 
a school  district  has  been  apportioned  more  money  than  that  to 
which  it  is  entitled  the  Commissioner  of  Education  may,  by  an 
order  under  his  hand,  direct  such  moneys  to  be  paid  hack  into  the 
hands  of  the  county  treasurer  by  him  to  be  credited  to  the  school 
fund,  or  he  may  deduct  such  amount  from  the  next  apportionment 
to  be  made  to  said  district. 

11  The  Commissioner  of  Education  may  also  in  his  discretion 
excuse  the  default  of  a trustee  or  a board  of  education  in  employ- 
ing a teacher  not  legally  qualified,  legalize  the  time  so  taught  and 
authorize  the  payment  of  the  salary  of  such  teacher. 

§ 491-a  Additional  apportionment  of  school 
moneys.  In  addition  to  any  other  apportionment  or  quota  pro- 
vided for  in  this  article,  to  he  applied  to  the  payment  of  teachers’ 
salaries,  the  Commissioner  of  Education  shall  apportion  and  pay 
annually  to  each  city  school  district  and  to  each  common  or  union 
free  school  district,  for1  moneys  appropriated  for  the  support  of 
common  schools,  one  hundred  dollars  for  each  teacher  employed 
in  the  school  or  schools  of  such  district  who  shall  have  taught 
during  the  period  required  by  law.  The  trustees  or  board  of 
education  in  each  school  district,  except  a city  school  district, 
shall  increase  the  salary  of  each  teacher  employed  in  such  district 
at  least  one  hundred  dollars  in  advance  of  the  salary  paid  the 
teacher  employed  at  the  time  of  the  passage  of  this  act.  Such 
increased  salary  shall  become  effective  for  the  school  year  begin- 
ning August  first,  1919,  and  continue  annually  thereafter.  [Added 
by  L.  1919,  ch.  61^5,  in  effect  May  19,  1919.  The  sum  of 
$5,300,000  was  appropriated  to  the  Commissioner  of  Education 
for  the  purpose  of  carrying  out  the  provisions  of  this  section.\ 

§ 492  Conditions  under  which  cities  and  districts 
are  entitled  to  an  apportionment  from  the  appro- 
priation for  the  support  of  common  schools.  1 The 
Commissioner  of  Education  shall  make  no  allotment  of  a super- 
vision quota  to  any  city  or  district  unless  satisfied  that  such  city 
or  district  employs  a competent  superintendent  whose  time  is 
exclusively  devoted  to  the  supervision  of  the  public  schools  of 
such  city  or  district ; nor  shall  he  make  any  allotment  to  any 
district  in  the  first  instance  without  first  causing  an  enumeration 
of  the  inhabitants  to  be  made  which  shall  show  the  population 


1 So  in  original. 


EDUCATION  DAW 


155 


thereof  to  be  at  least  five  thousand,  the  expense  of  such  enumera- 
tion, as  certified  by  said  Commissioner,  shall  be  paid  by  the  dis- 
trict in  whose  interest  it  is  made.  The  population  shown  by  the 
last  state  or  federal  census  or  village  enumeration  may  be  ac- 
cepted by  said  Commissioner  whenever  the  village  and  school  dis- 
trict boundaries  coincide. 

2 No  district  shall  be  entitled  to  any  portion  of  such  school 
moneys  on  such  apportionment  unless  the  report  of  the  trustees 
for  the  preceding  school  year  shall  show  that  a common  school 
was  supported  in  the  district  and  taught  by  a qualified  teacher  or 
by  successive  qualified  teachers  for  at  least  one  hundred  and 
eighty  days,  inclusive  of  legal  holidays  that  may  have  occurred 
during  the  term  of  said  school  and  exclusive  of  Saturdays.  [Sub- 
division 2 amended  by  L.  19 IS,  ch.  511.] 

3 No  Saturday  shall  be  counted  as  part  of  said  one  hundred 
and  eighty  days  of  school  and  no  school  shall  be  in  session  on 
a legal  holiday,  except  general  election  day,  Washington’s  birth- 
day and  Lincoln’s  birthday.  A deficiency  not  exceeding  six  days 
during  any  school  year  caused  by  a teacher’s  attendance  upon 
teachers  conferences  held  by  district  superintendents  of  schools 
within  a county,  shall  be  excused  by  the  Commissioner  of  Edu- 
cation. In  common  school  districts  the  term  of  school  shall  begin 
each  year  on  the  first  Tuesday  of  September.  [Former  subdi- 
vision .4;  renumbered  subdivision  S and  amended  by  L.  1913, 
ch.  511.] 

§ 493  Apportionment  of  moneys  appropriated  to 
cities,  academies,  academic  departments  and  school 
libraries.  The  Commissioner  of  Education  shall  apportion  the 
money  annually  appropriated  for  the  support  of  cities,  academies, 
academic  departments  and  school  libraries  in  accordance  with 
regulations  established  or  to  be  established  by  him  as  follows: 

1 To  each  city,  union  school  district  and  nonsectarian  academy 
maintaining  an  academic  department,  a quota  of  one  hundred  dol- 
lars for  each  such  academic  department  maintained  therein.  This 
apportionment  shall  be  known  as  the  academic  quota. 

2 To  each  nonsectarian  private  academy  an  allowance  equal  to 
the  amount  raised  from  local  sources  but  not  to  exceed  two  hun- 
dred fifty  dollars  annually  for  approved  books,  reproductions  of 
standard  works  of  art,  and  apparatus.  [Subdivision  2 amended 
by  L.  191  If,  ch.  216.'] 

3 To  each  city  an  allowance  equal  to  the  amount  raised  from 
local  sources  but  not  to  exceed  eighteen  dollars  and  two  dollars 


156 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


additional  for  each  duly  licensed  teacher  employed  therein  for  the 
legal  term,  and  two  hundred  fifty  dollars  for  each  academic  de- 
partment maintained  by  it  for  approved  books,  reproductions  of 
standard  works  of  art  and  apparatus.  [ Subdivision  3 amended 
by  L.  191 b,  ch.  216.] 

4 To  each  union  free  school  district  maintaining  an  academic 
department  an  allowance  equal  to  the  amount  raised  from  local 
sources,  but  not  to  exceed  two  hundred  sixty-eight  dollars  annually 
and  two  dollars  additional  for  each  teacher  employed  in  said  dis- 
trict for  the  legal  term  for  approved  books,  reproductions  of 
standard  works  of  art  and  apparatus.  [ Subdivision  If-  amended 
by  L.  191 4,  ch.  216.] 

5 To  all  other  school  districts  an  allowance  equal  to  the  amount 
raised  from  local  sources  but  not  to  exceed  eighteen  dollars 
annually  and  two  dollars  additional  for  each  duly  licensed  teacher 
employed  in  said  district  for  the  legal  term  for  approved  books, 
reproductions  of  standard  works  of  art,  geographical  maps,  a 
globe  and  school  apparatus.  [. Subdivision  5 amended  by  L.  191k, 
ch.  216.] 

6 To  each  city  and  union  school  district  maintaining  an 
academic  department,  forty  dollars  per  year  for  at  least  thirty- 
two  weeks’  instruction  or  a proportionate  amount  if  for  eight  weeks 
or  more  for  each  nonresident  pupil  attending  the  academic  depart- 
ment of  such  school  from  districts  not  maintaining  such  academic 
departments  and  who  shall  be  admitted  to  such  academic  depart- 
ments without  other  expense  for  tuition  than  that  provided  herein. 
But  pupils  residing  in  districts  not  maintaining  a four-year  cur- 
riculum may  be  included  in  this  apportionment  after  having  com- 
pleted the  course  of  study  prescribed  for  the  school  in  the  district 
in  which  they  reside.  In  the  apportionment  to  cities  and  union 
school  districts  whose  customary  charge  for  nonresident  pupils  is 
greater  than  the  sum  provided  by  this  subdivision,  the  Commis- 
sioner of  Education  may  permit  the  sum  so  apportioned  to  be 
applied  upon  such  customary  charge  for  such  nonresident  pupils, 
provided  the  balance  of  such  customary  charge  shall  be  assumed 
by  the  school  district  in  which  such  nonresident  pupil  is  resident, 
and  the  payment  thereof  shall  have  been  provided  for  at  a school 
district  meeting  held  in  such  district  or  the  said  balance  shall  have 
been  paid  by  the  parents  or  guardians  of  such  pupils  to  the  proper 
officer  of  the  city  or  district  maintaining  the  high  school  or 
academic  department  attended  by  such  pupils.  [Subdivision  6 


EDUCATION  LAW 


157 


amended  by  L.  1912 , ch.  276 ; L.  1913 ch.  399 ; L.  1915 , ch.  21 b, 
and  by  L.  1919 , ch , 368  in  effect  May  5,  1919.] 

7 After  the  payment  of  the  allowances  herein  provided  for  the 
balance  shall  be  divided  among  the  several  cities,  school  districts 
and  academies  maintaining  academic  departments  on  the  basis 
of  aggregate  days’  attendance  of  academic  pnpils  therein. 

8 The  .Commissioner  shall  set  aside  at  the  beginning  of  the 
fiscal  year  a sum  which  in  his  opinion  will  be  sufficient  to  pay 
the  allowances  for  books  and  apparatus  herein  provided  before 
making  the  other  apportionments  as  directed  by  this  article.  The 
allowance  for  hooks  and  apparatus  shall  be  apportioned  and  paid 
as  often  during  each  year  as  the  Commissioner  may  determine. 
All  other  apportionments  above  provided  for  shall  he  made  so  far 
as  possible  during  the  month  of  October  each  year  on  the  basis 
of  the  reports  of  the  previous  year. 

9 To  entitle  a city,  academy,  academic  department  or  school 
library  to  an  apportionment  from  this  fund  the  school  authorities 
having  control  must  render  a satisfactory  report  for  the  preceding 
year  to  the  Commissioner  of  Education  before  the  twentieth  day 
of  September  in  each  year  unless  such  neglect  is  excused  by  the 
Commissioner  for  sufficient  reason.  They  must  also  have  complied 
with  all  Regents’  laws  and  ordinances  during  the  preceding  aca- 
demic year. 

§ 494  Manner  of  certifying  and  paying  appor- 
tionment provided  for  in  preceding  section.  Payment 
from  this  fund  shall  be  made  to  the  county  treasurer  of  each  county 
for  all  schools  located  in  such  county,  by  the  State  Treasurer  on  the 
warrant  of  the  Comptroller  or  the  certificate  of  the  Commissioner 
of  Education.  The  Commissioner  of  Education  immediately  after 
making  an  apportionment  shall  certify,  or  cause  to  be  certified, 
to  the  county  treasurer  of  every  county  included  in  such  appor- 
tionment, excepting  those  counties  included  within  the  territory 
of  the  city  of  New  York,  with  respect  to  his  county,  the  name  of 
each  academy,  the  number  of  each  school  district  and  the  town 
in  which  it  is  situated  and  the  name  of  each  city  to  which  money 
has  been  allotted  and  the  amount  allotted  to  each.  The  county 
treasurer  shall,  upon  the  receipt  of  such  certificate  and  payment 
from  the  State  Treasurer,  pay  to  the  treasurer,  if  there  he  one, 
otherwise  to  the  disbursing  officer  or  collector  of  each  school  dis- 
trict, academy  and  city  named  in  the  certificate  of  the  Commis- 
sioner of  Education,  the  amount  to  which  said  district,  academy 


158 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


or  city  is  entitled  as  shown  by  such  certificate.  Any  apportion- 
ment which  shall  be  made  to  the  city  of  New  York  shall  be  cer- 
tified and  paid  to  the  chamberlain  of  the  city  of  New  York,  and 
any  apportionment  which  shall  be  made  to  any  private  academy 
situated  within  the  territory  of  the  city  of  New  York,  shall  be 
certified  and  paid  directly  to  the  disbursing  officer  of  the  academy 
to  which  the  apportionment  is  made.  [Amended  by  L.  1912 , 
ch.  77.] 

§ 495  County  treasurers  to  render  annual  report. 

The  county  treasurers  of  the  State  shall,  upon  the  first  day  of 
October  of  each  year  and  at  such  other  times  as  the  Commis- 
sioner of  Education  may  require,  make  a report  for  the  preceding 
year  to  the  Commissioner  of  Education,  showing  the  amount  of 
money  received  by  them  from  this  fund  and  the  school  districts, 
cities  or  academies  to  which  such  money  has  been  paid  and  the 
amount  paid  to  each,  and  the  amount,  if  any,  remaining  in  their 
hands  unclaimed  by  any  school  district,  city  or  academy  together 
with  any  other  fact  relative  to  the  disbursement  of  this  fund 
which  said  Commissioner  may  require. 

§ 496  Certificate  of  apportionment  by  Commis- 
sioner of  Education.  As  soon  as  possible  after  the  making  of 
any  annual  or  general  apportionment,  the  Commissioner  of  Edu- 
cation shall  certify  it,  or  cause  it  to  be  certified,  to  the  county 
clerk,  county  treasurer,  district  superintendents,  and  city  treas- 
urer or  chamberlain,  in  every  county  in  the  State;  and  if  it  be  a 
supplemental  apportionment,  then  to  the  county  clerk,  county 
treasurer  and  district  superintendents  of  the  county  in  which  the 
schoolhouse  of  the  district  concerned  is  situated.  [Amended,  by 
L.  1912 ch.  77.] 

§ 497.  Moneys  apportioned,  when  and  how  pay- 
able. At  least  one-half  of  the  moneys  so  annually  apportioned 
by  the  Commissioner  of  Education  shall  be  payable  on  or  before 
the  first  day  of  March  and  the  remaining  part  of  such  moneys  on  or 
before  the  fifteenth  day  of  May,  in  each  year,  next  after  such 
apportionment,  to  the  treasurers  of  the  several  counties  and  the 
chamberlain  of  the  city  of  New  York,  respectively;  and  the  said 
treasurers  and  the  chamberlain  shall  apply  for  and  receive  the 
same  as  soon  as  payable.  The  county  treasurer  shall  pay  to  the 
city  treasurer  of  each  city  and  the  treasurer  of  each  union  free 
school  district  having  a population  of  five  thousand  or  more  in- 
habitants and  in  which  a superintendent  of  schools  has  been  ap- 
pointed, situated  within  his  county,  all  school  moneys  apportioned 


EDUCATION  LAW 


159 


to  such  city  or  district  as  provided  by  sections  491,  492  and  604 
of  this  chapter.  [Amended  by  L.  191b  ch.  52.'] 

§ 498  Apportionment  of  school  moneys  by  district 
superintendents.  The  district  superintendent  of  schools 
shall,  on  or  before  the  fifteenth  day  of  February  in  each  year, 
apportion  the  supervision,  district  and  teachers’  quotas  to  the 
several  districts  entitled  thereto',  within  his  supervisory  district, 
as  shown  by  the  certificate  of  the  Commissioner  of  Education  to  the 
said  district  superintendent.  He  shall  procure  from  the  super- 
visors of  the  towns  in  his  district  a transcript  showing  the  un- 
expended moneys  in  their  hands  applicable  to  the  payment  of 
teachers’  salaries.  The  amounts  in  each  supervisor’s  hands  shall 
be  charged  as  a partial  payment  of  the  sums  apportioned  to  the 
town  teachers’  salaries. 

He  shall  procure  from  the  county  • treasurer  a full  list  and 
statement  of  all  payments  to  him  of  moneys  for  or  on  account 
of  fines  and  penalties,  or  accruing  from  any  other  source,  for  the 
benefit  of  schools  and  of  the  towns  or  districts  for  whose  benefit 
the  same  were  received.  Such  of  said  moneys  as  belong  to  a 
particular  district,  he  shall  set  apart  and  credit  to  it;  and  such 
as  belong  to  the  schools  of  a town  he  shall  set  apart  and  credit 
to  the  schools  in  that  town,  and  shall  apportion  them  together 
with  such  as  belong  to  the  schools  of  the  county  as  hereinafter 
provided  for  the  payment  of  teachers’  salaries. 

He  shall  sign,  in  duplicate,  a certificate,  showing  the  amounts 
apportioned  and  set  apart  to  each  school  district  and  part  of  a 
district,  and  the  towns  in  which  they  were  situated,  and  shall 
forthwith  deliver  one  of  said  duplicates  to  the  treasurer  of  the 
county  and  transmit  the  other  to  the  Commissioner  of  Education. 

He  shall  certify  to  the  supervisor  of  each  town,  in  his  super- 
visory district  the  amount  of  school  moneys  apportioned  to  each 
district  or  part  of  a district  of  his  town  for  teachers’  wages. 
[Amended  by  L.  1913 , ch.  130.] 

§ 499  Duty  of  and  payment  to  supervisor.  On  re- 
ceiving the  certificate  of  the  school  commissioners,  each  super- 
visor shall  forthwith  make  a copy  thereof  for  his  own  use,  and 
deposit  the  original  in  the  office  of  the  clerk  of  his  town;  and  the 
moneys  so  apportioned  to  his  town  shall  be  paid  to  him  imme- 
diately on  his  compliance  with  the  requirements  of  section  363  of 
this  chapter. 


160 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 500  Power  of  Comptroller  to  withhold  payment 
of  school  moneys.  The  Comptroller  may  withhold  the  pay- 
ment of  any  moneys  to  which  any  county  may  he  entitled  from 
the  appropriation  of  the  incomes  of  the  school  fund  and  the 
United  States  deposit  fund  for  the  support  of  common  schools, 
until  satisfactory  evidence  shall  be  furnished  to  him  that  all 
moneys  required  by  law  to  he  raised  by  taxation  upon  such  county, 
for  the  support  of  schools  throughout  the  State,  have  been  collected 
and  paid  or  accounted  for  to  the  State  Treasurer. 

§ 501  Union  free  school  district  and  city,  a school 
district.  Every  union  free  school  district  and  every  city  having 
an  organized  city  system  of  schools  shall,  for  all  the  purposes  of 
the  apportionment,  distribution,  payment  and  withholding  of 
school  moneys,  he  regarded  and  recognized  as  a school  district. 

§ 502  Apportionment  for  support  of  training 
classes.  The  Commissioner  of  Education  shall  apportion  the 
money  annually  appropriated  for  the  support  of  training  of  teach- 
ers as  follows: 

1 To  each  academy  and  union  free  school  district  which  has 
maintained  a training  class  in  accordance  with  the  provisions  of 
article  31  of  this  chapter  and  with  the  regulations  prescribed  by 
the  Commissioner  of  Education,  the  sum  of  seven  hundred  dollars. 

2 The  balance  of  the  money  appropriated  for  such  purpose 
shall  be  apportioned  to  the  cities  of  the  State  which  maintain  train- 
ing schools  in  accordance  with  the  provisions  of  articles  20  and 
31  of  this  chapter  and  with  the  regulations  prescribed  by  the  Com- 
missioner of  Education,  ratably  according  to  the  aggregate  attend- 
ance of  the  pupils  regularly  admitted  to  such  training  schools. 

ARTICLE  19 

Trusts  for  Schools;  Gospel  and  School  Lots 

Section  520  Property  to  be  held  in  trust  for  common  schools 

521  Control  and  supervision  of  trusts  for  common  schools 

522  Report  of  trusts  to  Commissioner  of  Education 

523  Report  of  supervisor  regarding  gospel  or  school  lota 

524  Apportionment  of  gospel  funds 

525  Authorization  of  apportionment  of  gospel  funds 

526  Payment  of  apportionment  of  gospel  funds 

527  Bond  required  of  collector  or  treasurer 

528  Application  of  moneys 

§ 520  Property  to  be  held  in  trust  for  common 
schools.  Real  and  personal  estate  may  be  granted,  conveyed, 
devised,  bequeathed  and  given  in  trust  and  in  perpetuity  or  other- 


LBUCATIOft  LAW 


lot 


wise,  to  tlie  State,  or  to  the  Regents  or  to  the  Commissioner  of 
Education  for  the  support  or  benefit  of  the  common  schools,  within 
the  State,  or  within  any  part  or  portion  of  it,  or  of  any  particular 
common  schools  within  it;  and  to  any  county,  or  the  school  com- 
missioners of  any  county,  or  to  any  city  or  any  hoard  of  officers 
thereof,  or  to  any  school  commissioner  district  or  its  commissioner, 
or  to  any  town,  or  supervisor  of  a town,  or  to  any  school  district 
or  its  trustees,  for  the  support  and  benefit  of  common  schools 
within  such  county,  city,  school  commissioner  district,  town  or 
school  district,  or  within  any  part  or  portion  thereof  respectively, 
or  for  the  support  and  benefit  of  any  particular  common  schools 
therein.  Ro  such  grant,  conveyance,  devise  or  bequest  shall  be 
held  void  for  the  want  of  a named  or  competent  trustee  or  donee, 
but  where  no  trustee  or  donee,  or  an  incompetent  one  is  named,  the 
title  and  trust  shall  vest  in  the  people  of  the  State,  subject  to  its 
acceptance  by  the  Legislature,  but  such  acceptance  shall  be 
presumed. 

§ 521  Control  and  supervision  of  trusts  for  com- 
mon schools.  The  Legislature  may  control  and  regulate  the 
execution  of  all  such  trusts;  and  the  Commissioner  of  Education 
shall  supervise  and  advise  the  trustees,  and  hold  them  to  a regular 
accounting  for  the  trust  property  and  its  income  and  interest  at 
such  times,  in  such  forms,  and  with  such  authentications,  as  he 
shall,  from  time  to  time,  prescribe. 

§ 522  Report  of  trusts  to  Commissioner  of  Educa- 
tion. The  common  council  of  every  city,  the  board  of  super- 
visors of  every  county,  the  trustees  of  every  village,  the  supervisor 
of  every  town,  the  trustees  of  every  school  district,  and  every  other 
officer  or  person  who  shall  be  thereto  required  by  the  Commis- 
sioner of  Education  shall  report  to  him  whether  any,  and  if  any, 
what  trusts  are  held  by  them  respectively,  or  by  any  other  body, 
officer  or  person  to  their  information  or  belief  for  school  purposes, 
and  shall  transmit,  therewith,  an  authenticated  copy  of  every 
will,  conveyance,  instrument  or  paper  embodying  or  creating  the 
trust;  and  shall,  in  like  manner,  forthwith  report  to  him  the  crea- 
tion and  terms  of  every  such  trust  subsequently  created. 

§ 523  Report  of  supervisor  regarding  gospel  or 
school  lots.  Every  supervisor  of  a town  shall  report  to  the 
Commissioner  of  Education  whether  there  be,  within  the  town,  any 
gospel  or  school  lot,  and,  if  any,  shall  describe  the  same,  and  state 
to  what  use,  if  any,  it  is  put  by  the  town ; and  whether  it  be  leased, 

6 


162 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


and,  if  so,  to  whom,  for  what  term  and  upon  what  rents;  and 
whether  the  town  holds  or  is  entitled  to  any  land,  moneys  or 
securities  arising  from  any  sale  of  such  gospel  or  school  lot,  and 
the  investment  of  the  proceeds  thereof,  or  of  the  rents  and  income 
of  such  lots  and  investments,  and  shall  report  a full  statement  and 
account  of  such  lands,  moneys  and  securities. 

§ 524  Apportionment  of  gospel  funds.  It  shall  be 
lawful  for  the  supervisor  of  any  town  having  money  arising  from 
the  sale  of  gospel  lands,  and  known  as  gospel  funds,  to  apportion 
such  funds  among  the  several  school  districts  of  his  respective 
town  as  hereinafter  provided. 

§ 525  Authorization  of  apportionment  of  gospel 
funds.  1 The  town  hoard  of  any  town  having  a gospel  fund 
of  five  hundred  dollars  or  less  may  authorize  the  supervisor  of 
the  town  to  apportion  such  fund  among  the  several  school  districts 
of  the  town. 

2 The  voters  of  any  town  having  a gospel  fund  of  more  than 
five  hundred  dollars  may  at  any  regular  or  special  town  meeting 
authorize  the  supervisor  of  the  town  to  apportion  such  fund 
among  the  several  school  districts  of  the  town. 

§ 526  Payment  of  apportionment  of  gospel  funds. 
When  such  apportionment  is  authorized  the  supervisor  shall  pay  to 
the  collector,  or  if  the  district  has  a treasurer  to  the  treasurer,  of 
the  several  school  districts  of  his  town  its  pro  rata  share  according 
to  the  aggregate  school  attendance  of  each  school  district  in  the 
preceding  year. 

§ 527  Bond  required  of  collector  or  treasurer. 

The  collector  or  the  treasurer  if  the  district  has  a treasurer,  of 
each  of  such  school  districts  shall  execute  and  file  with  the  super- 
visor of  such  town  a bond  of  twice  the  amount  of  such  apportion- 
ment with  sufficient  sureties,  to  be  approved  by  such  supervisor. 

§ 528  Application  of  moneys.  Such  moneys  shall  be 
held  by  such  collector  or  treasurer  and  paid  upon  the  written  order 
of  the  trustee  of  the  district  for  such  purposes  as  the  annual  or  a 
special  meeting  of  the  district  shall  direct. 

ARTICLE  20 
Teachers  and  Pupils 

Section  550  Qualification  of  teachers 

551  Minimum  qualifications  of  teachers  in  primary  and  grammar 

schools 

552  Regulations  governing  certification  of  teachers 

553  Commissioner  of  Education  to  issue  certificates 


EDUCATION  LAW 


163 


Section  554 

555 

556 

557 

558 

559 

560 

561 

562 

563 

564 

565 

566 

567 

568 


Indorsement  of  foreign  certificates  and  diplomas 
Certification  of  teachers  by  local  authorities 
Revocation  of  certificate  by  school  commissioner 
Unqualified  teachers  shall  not  be  paid  from  school  moneys 
Penalty  for  payment  of  unqualified  teacher 
Teachers  responsible  for  record  books 
Verification  of  school  register 
Contract  with  teacher 

Penalty  for  teachers’  failure  to  complete  contract 
Contract  when  teacher  is  related  to  trustee  or  member  of  board 
Individual  liability  of  trustee 
Dismissal  of  teacher 

Teacher’s  salary  payable  as  often  as  monthly 
Common  schools  free  to  resident  pupils;  tuition  from  nonresident 
pupils 

Removal  of  superintendents,  teachers  and  employees  for  treason- 
able or  seditious  acts  or  utterances 


§ 550  Qualifications  of  teachers.  No  person  shall  be 
employed  or  authorized  to  teach  in  the  public  schools  of  the  State 
who  is: 

1 Under  the  age  of  eighteen  years. 

2 Not  in  possession  of  a teacher’s  certificate  issued  under  the 
authority  of  this  chapter  or  a diploma  issued  on  the  completion 
of  a course  in  a state  normal  school  of  this  State  or  in  the  state 
normal  college. 

3 Not  a citizen.  A person  employed  as  a teacher  on  April 
4,  1918,  who  was  not  a citizen,  may  continue  in  such  employment 
provided  he  or  she,  within  one  year  from  such  date,  shall  make 
application  to  become  a citizen  and  within  the  time  thereafter 
prescribed  by  law  shall  become  a citizen.  The  provisions  of  this 
subdivision  shall  not  apply  to  alien  teachers  who  are  citizens  of 
countries  that  were  allied  with  this  country  in  the  prosecution  of 
the  war  with  Germany  and  who  were  employed  as  teachers  in 
this  State  on  or  prior  to  April  4,  1918,  provided  such  teacher 
make  application  to  become  a citizen  before  the  first  day  of  Sep- 
tember, 1920  and  within  the  time  thereafter  prescribed  by  law 
shall  become  such  citizen.  [Amended  by  L.  1918 , ch.  158 , and 
L.  1919 ch.  120,  in  effect  March  81,  1919.~\ 

§ 551  Minimum  qualifications  of  teachers  in  pri- 
mary and  grammar  schools.  No  person  shall  hereafter 
be  employed  or  licensed  to  teach  in  the  primary  and  grammar 
schools  of  any  city  or  school  district  authorized  by  law  to  employ 
a superintendent  of  schools  who  has  not  had  successful  experience 


164 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


in  teaching  for  at  least  three  years,  or  in  lieu  thereof  has  not  com- 
pleted : 

1 A course  in  one  of  the  state  normal  schools  of  this  State  pre- 
scribed by  the  Commissioner  of  Education. 

2 An  examination  for  and  received  a life  state  certificate 
issued  in  this  State  by  a superintendent  of  public  instruction  or 
the  Commissioner  of  Education. 

3 A course  of  study  in  a high  school  or  academy  of  not  less 
than  three  years  approved  by  the  Commissioner  of  Education  or 
from  some  institution  of  learning  of  equal  or  higher  rank  ap- 
proved by  the  same  authority,  and  who  subsequently  to  the  com- 
pletion of  such  course  has  not  graduated  from  a school  for  the 
professional  training  of  teachers  having  a course  of  not  less  than 
two  years  approved  by  the  Commissioner  of  Education  or  its 
equivalent. 

§ 552  Regulations  governing  certification  of 
teachers.  The  Commissioner  of  Education  shall  prescribe,  sub- 
ject to  approval  by  the  Regents,  regulations  governing  the  exam- 
ination and  certification  of  teachers  employed  in  all  public  schools 
of  the  State. 

§ 553  Commissioner  of  Education  to  issue  certifi- 
cates. The  Commissioner  of  Education  may  issue: 

1 A life  state  certificate  upon  examinations  only  which  shall 
entitle  its  holder  to  teach  for  life  in  the  public  schools  of  the 
State  without  further  examination. 

2 Such  other  certificates  as  Regents  general  rules  shall  pre- 
scribe. 

3 A temporary  license  limited  to  a school  district,  school  com- 
missioner district  or  city  for  a period  not  to  exceed  one  year. 

§ 554  Indorsement  of  foreign  certificates  and 
diplomas.  The  Commissioner  of  Education  may  in  his  dis- 
cretion indorse: 

1 A diploma  issued  by  a normal  school  of  another  state. 

2 A certificate  issued  by  the  chief  educational  officer  or  state 
board  of  another  state. 

Such  indorsement  confers  on  the  holder  of  such  diploma  or 
certificate  the  privileges  conferred  by  law  on  the  holder  of  a nor- 
mal school  diploma  or  state  certificate  issued  in  this  State. 

§ 555  Certification  of  teachers  by  local  author- 
ities. A school  commissioner,  a city  superintendent  of  schools 
or  such  other  authority  of  a city  as  may  be  designated  by  a special 


EDUCATION  LAW 


165 


act  or  the  city  charter  may  issue  such  certificate  as  may  he  au- 
thorized by  the  Regents  general  rules  or  by  such  special  act  or 
city  charter. 

§ 556  Revocation  of  certificate  by  school  com- 
missioner. A school  commissioner  shall  examine  any  charge 
affecting  the  moral  character  of  any  teacher  within  his  district, 
first  giving  such  teacher  reasonable  notice  of  the  charge,  and  an 
opportunity  to  defend  himself  therefrom ; and  if  he  find  the 
charge  sustained,  he  shall  annul  the  teacher’s  certificate,  by  whom- 
soever granted,  and  declare  him  unfit  to  teach;  and  if  the  teacher 
holds  a certificate  of  the  Commissioner  of  Education  or  of  a 
former  superintendent  of  public  instruction  or  a diploma  of  a 
state  normal  school,  he  shall  notify  the  Commissioner  of  Educa- 
tion forthwith  of  such  annulment  and  declaration. 

§ 557  Unqualified  teachers  shall  not  be  paid  from 
school  moneys.  No  part  of  the  school  moneys  apportioned 
to  a district  shall  be  applied  to  the  payment  of  the  salary  of  an 
unqualified  teacher,  nor  shall  his  salary,  or  any  part  thereof,  be 
collected  by  a district  tax  except  as  provided  in  section  491  of 
this  chapter. 

§ 558  Penalty  for  payment  of  unqualified  teacher. 

Any  trustee  who  applies  or  directs,  or  consents  to  the  application 
of  any  district  money  to  the  payment  of  an  unqualified  teacher’s 
salary,  thereby  commits  a misdemeanor;  and  any  fine  imposed 
upon  him  therefor  shall  be  for  the  benefit  of  the  common  schools 
of  the  district. 

§ 559  Teachers  responsible  for  record  books. 

Teachers  shall  keep,  prepare  and  enter  in  the  books  provided  for 
that  purpose,  the  school  lists  and  accounts  of  attendance  herein 
mentioned,  and  shall  be  responsible  for  their  safekeeping  and 
delivery  to  the  clerk  of  the  district  at  the  close  of  their  engage- 
ments or  terms. 

§ 560  Verification  of  school  register.  1 Each 
teacher  shall,,  by  his  oath  or  affirmation,  verify  his  entries  in  the 
school  register  provided  by  the  Education  Department,  and  the 
entries  shall  constitute  the  school  lists  from  which  the  average 
daily  attendance  shall  be  determined.  Such  oath  or  affirmation 
may  be  taken  by  the  district  clerk  or  trustee,  but  without  charge. 

2 A teacher  shall  not  be  entitled  to  his  salary  for  the  last 
month  of  a term  until  he  shall  have  so  made  and  verified  such 
entries  and  the  trustees  shall  not  draw  on  the  supervisor,  collector 


166 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


or  treasurer  for  any  portion  of  his  salary  for  such  month  until 
such  oath  or  affirmation  shall  have  been  made. 

§ 561  Contract  with  teacher.  1 All  trustees  of  school 
districts  or  boards  of  education  who  shall  employ  any  teacher  to 
teach  shall,  at  the  time  of  such  employment,  make  and  deliver 
to  such  teacher,  or  cause  to  be  made  and  delivered,  a contract  in 
writing,  signed  by  them,  or  by  some  person  duly  authorized  to 
represent  them  in  the  premises,  in  which  the  details  of  the  agree- 
ment between  the  parties,  and  particularly  the  length  of  the  term 
of  employment,  the  amount  of  compensation  and  the  time  when 
such  compensation  shall  be  due  and  payable  shall  be  clearly  and 
definitely  set  forth. 

2 No  contract  for  the  employment  of  a teacher  in  a district 
having  three  or  more  trustees  shall  be  made  for  more  than  one 
year  in  advance  or  for  a shorter  time  than  ten  weeks  unless  for 
the  purpose  of  filling  out  an  unexpired  term  of  school. 

3 No  contract  for  the  employment  of  a teacher  in  a district 
having  a sole  trustee  shall  be  made  to  extend  beyond  the  date  of 
the  expiration  of  the  term  of  office  of  such  trustee.  A sole  trus- 
tee of  a school  district  shall  have  full  power  and  authority  to 
contract  with  teachers  for  the  term  for  which  he  has  been  elected 
any  time  after  the  date  of  the  annual  meeting  at  which  such 
trustee  was  elected. 

4 Nor  shall  any  trustee  contract  with  any  teacher  whose 
certificate  of  qualifications  shall  not  cover  a period  at  least  as  long 
as  that  covered  by  the  contract  of  service.  [Amended  by  L.  1910 , 
ch.  -4-4#.] 

§ 562  Penalty  for  teacher’s  failure  to  complete 
contract.  Any  failure  on  the  part  of  a teacher  to  complete 
an  agreement  to  teach  a term  of  school  without  good  reason  there- 
for shall  be  deemed  sufficient  ground  for  the  revocation  of  the 
teacher’s  certificate. 

§ 583  Contract  when  teacher  is  related  to  trustee 
or  member  of  hoard.  1 No  person  who  is  related  to  any 
trustee  by  blood  or  marriage  shall  be  employed  as  a teacher, 
except  with  the  approval  of  two-thirds  of  the  voters  of  such  dis- 
trict present  and  voting  upon  the  question  at  an  annual  or  special 
meeting  of  the  district. 

2 No  person  who  is  related  by  blood  or  marriage  to  any  mem- 
ber of  a board  of  education  shall  be  employed  as  a teacher  by 


EDUCATION  LAW 


167 


such  board,  except  upon  the  consent  of  two-thirds  of  the  mem- 
bers thereof  to  be  determined  at  a board  meeting  and  to  be  entered 
upon  the  proceedings  of  the  board. 

§ 564  Individual  liability  of  trustee.  Any  person 
employed  in  disregard  of  section  561  or  of  section  563  shall 
have  no  claim  for  wages  against  the  district,  but  may  enforce  the 
specific  contract  made  against  the  trustees  or  board  of  education 
consenting  to  such  employment  as  individuals. 

§ 565  Dismissal  of  teacher.  No  teacher  shall  be  re- 
moved during  a term  of  employment  unless  for  neglect  of  duty, 
incapacity  to  teach,  immoral  conduct,  or  other  reason  which,  when 
appealed  to  the  Commissioner  of  Education,  shall  be  held  by  him 
sufficient  cause  for  such  dismissal. 

§ 566  Teacher’s  salary  payable  as  often  as  monthly. 
The  salary  of  any  teacher  employed  in  the  public  schools  of  this 
State  shall  be  due  and  payable  at  least  as  often  as  at  the  end  of 
each  calendar  month  of  the  term  of  employment. 

§ 567  Common  schools  free  to  resident  pupils; 
tuition  from  nonresident  pupils.  1 A person  over  five 
and  under  twenty-one  years  of  age  is  entitled  to  attend  the  public 
schools  maintained  in  the  district  or  city  in  which  such  person 
resides  without  the  payment  of  tuition. 

2 Nonresidents  of  a district,  if  otherwise  competent,  may  be 
admitted  into  the  school  of  a district  or  city,  upon  the  consent  of 
the  trustees,  or  the  board  of  education,  upon  terms  prescribed  by 
such  trustees  or  board. 

3 The  school  authorities  of  a district  or  city  must  deduct  from 
the  tuition  of  a nonresident  pupil  whose  parent  or  guardian  owns 
property  in  such  district  or  city  and  pays  a tax  thereon  for  the 
support  of  the  schools  maintained  in  such  district  or  city  the 
amount  of  such  tax. 

§ 568  Removal  of  superintendents,  teachers  and 
employees  for  treasonable  or  seditious  acts  or  utter- 
ances. A person  employed  as  superintendent  of  schools,  teacher 
or  employee  in  the  public  schools,  in  any  city  or  school  district  of 
the  State,  shall  be  removed  from  such  position  for  the  utterance 
of  any  treasonable  or  seditious  word  or  words  or  the  doing  of  any 
treasonable  or  seditious  act  or  acts  while  holding  such  position. 
[Added  by  L.  1911,  ch.  1>16,  in  effect  May  8,  1917.] 


168  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

Savings  Banks  in  Schools 

[Banking  Law  ( L . 191 4,  ch.  369)] 

§ 279  Advertisements  of  unauthorized  savings 
hanks  and  the  use  of  the  word  “ savings  ” prohibited; 
exception  as  to  school  savings.  2 The  principal  or  su- 
perintendent of  any  public  school  in  the  State  of  New  York  or 
any  person  designated  for  that  purpose  by  the  board  of  education 
or  other  school  authority  under  which  such  school  shall  be,  or 
the  superintendent  or  other  designated  head  of  any  philanthropic 
agency  incorporated  for  philanthropic  purposes,  if  such  agency 
he  so  authorized  by  certificate  of  the  superintendent  of  banks, 
may  collect  from  time  to  time  small  amounts  of  savings  from 
the  pupils  of  said  school,  or  from  the  children  or  persons  under 
the  direction  or  guidance  of  such  philanthropic  agency  and  deposit 
the  same  on  the  day  of  collection  in  some  savings  in  the  State 
or,  in  villages  and  cities  in  which  there  is  no  regularly  estab- 
lished savings  bank  in  any  savings  and  loan  association,  trust 
company,  state  or  national  bank  located  in  the  State  and  having 
an  interest  department,  and  upon  the  subsequent  establishment 
of  a savings  hank  in  such  village  or  city  the  deposit  of  such  moneys 
or  the  continuance  of  deposits  in  any  savings  and  loan  association, 
trust  company,  state  or  national  bank  previously  used  as  a 
depository  of  school  savings  shall  not  he  deemed  a violation  of  the 
provisions  of  this  section.  The  money  so  collected  shall  he  placed 
to  the  credit  of  the  respective  pupils,  children  or  persons  from 
whom  the  money  shall  he  collected,  or  if  the  amount  collected 
at  any  one  time  shall  he  deemed  insufficient  for  the  opening  of 
individual  accounts,  it  shall  he  deposited  in  the  names1  of  said 
principal,  superintendent  or  head  of  such  philanthropic  agency 
or  designated  person,  in  trust  to  he  hy  him  eventually  transferred 
to  the  credit  of  the  respective  pupils,  children  or  persons  to  whom 
the  same  belongs.  In  the  meantime,  said  principal,  superintend- 
ent or  head  of  such  philanthropic  agency  or  designated  person 
shall  furnish  to  the  bank  a list  giving  the  names,  signatures, 
addresses,  ages,  places  of  birth,  parents’  names  and  such  other 
data  concerning  the  respective  pupils,  children  or  persons  as  the 
savings  bank  may  require,  and  it  shall  he  lawful  to  use  the  words 
a system  of  school  savings  hanks 99  or  “ school  savings  banks  ” 
or  “ thrift  funds  ” in  circulars,  reports  and  other  printed  or 
written  matter  used  in  connection  with  the  purposes  of  this 
section.  [L.  19 11+,  ch.  369 , as  amended  hy  L.  1916 , ch.  90 , in 
effect  March  30 , 191  d.] 


1 So  in  original. 


EDUCATION  DAW 


169 


ARTICLE  20-a 

[Article  added  by  L.  1913,  ch.  621.1 

Medical  Inspection 

Section  570  Medical  inspection  to  be  provided 

571  Employment  of  medical  inspectors 

572  Pupils  to  furnish  health  certificates 

573  Examinations  by  medical  inspectors 

574  Record  of  examinations;  eye  and  ear  tests 

575  Existence  of  contagious  diseases;  return  after  illness 

576  Enforcement  of  law 

577  State  medical  inspection  of  schools 

§ 570  Medical  inspection  to  be  provided.  Medical 
inspection  shall  be  provided  for  all  pupils  attending  the  public 
schools  in  this  State,  except  in  cities  of  the  first  class,  as  provided 
in  this  article.  Medical  inspection  shall  include  the  services  of  a 
trained  registered  nurse,  if  one  is  employed,  and  shall  also  include 
such  services  as  may  be  rendered  as  provided  herein  in  examining 
pupils  for  the  existence  of  disease  or  physical  defects  and  in  test- 
ing the  eyes  and  ears  of  such  pupils.  [Added  by  L.  191 3, 
ch.  627.] 

§ 571  Employment  of  medical  inspectors.  The 

board  of  education  in  each  city  and  union  free  school  district,  and 
the  trustee  or  board  of  trustees  of  a common  school  district,  shall 
employ,  at  a compensation  to  he  agreed  upon  by  the  parties,  a com- 
petent physician  as  a medical  inspector,  to  make  inspections  of 
pupils  attending  the  public  schools  in  the  city  or  district.  If 
appointed  by  a board  of  education  of  a city  such  physician  shall 
reside  within  the  city.  The  physicians  so  employed  shall  be  legally 
qualified  to  practise  medicine  in  this  State,  and  shall  have  so 
practised  for  a period  of  at  least  two  years  immediately  prior  to 
such  employment.  Any  such  board  or  trustees  may  employ  one 
or  more  school  nurses,  who  shall  he  registered  trained  nurses  and 
authorized  to  practise  as  such.  Such  nurses  when  so  employed 
shall  aid  the  medical  inspector  of  the  district  and  shall  perform 
such  duties  for  the  benefit  of  the  public  schools  as  may  be  pre- 
scribed by  such  inspector. 

A medical  inspector  or  school  nurse  may  he  employed  by  the 
trustees  or  hoards  of  education  of  two  or  more  school  districts, 
and  the  compensation  of  such  inspector,  and  the  expenses  incurred 
in  making  inspections  of  pupils  as  provided  herein,  shall  be  borne 


170 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


jointly  by  such  districts,  and  be  apportioned  among  them  according 
to  the  assessed  valuation  of  the  taxable  property  therein. 

In  cities  and  union  free  school  districts  having  more  than  five 
thousand  inhabitants,  the  board  of  education  may  employ  such 
additional  medical  inspectors  as  may  be  necessary  to  properly 
inspect  the  pupils  in  the  school  in  such  cities  and  union  free  school 
district. 

The  trustees  of  a common  school  district  or  the  board  of  educa- 
tion of  a union  free  school  district  whose  boundaries  are  cotermin- 
ous with  the  boundaries  of  an  incorporated  village  shall,  in  the 
employment  of  medical  inspectors,  employ  the  health  officer  of 
the  town  in  which  such  common  school  district  is  located  or  the 
health  officer  of  such  union  free  school  district,  so  far  as  may  be 
advantageous  to  the  interests  of  such  district.  [ Added  by  L.  1913 , 
ch.  627 , and  amended  by  L.  1916 ch.  1827] 

§ 572  Pupils  to  furnish  health  certificates.  A 
health  certificate  shall  be  furnished  by  each  pupil  in  the  public 
schools  upon  his  entrance  in  such  schools,  and  thereafter  at  the 
opening  of  such  schools  at  the  beginning  of  each  school  year. 
Each  certificate  shall  be  signed  by  a duly  licensed  physician  who 
is  authorized  to  practice  medicine  in  this  State,  and  shall  describe 
the  condition  of  the  pupil  when  the  examination  was  made, 
which  shall  not  be  more  than  thirty  days  prior  to  the  presenta- 
tion of  such  certificate,  and  state  whether  s.uch  pupil  is  in  a fit 
condition  of  bodily  health  to  permit  his  or  her  attendance  at  the 
public  schools.  Such  certificate  shall  be  submitted  within  thirty 
days  to  the  principal  or  teacher  having  charge  of  the  school  and 
shall  be  filed  with  the  clerk  of  the  district.  If  such  pupil  does  not 
present  a health  certificate  as  herein  required,  the  principal  or 
teacher  in  charge  of  the  school  shall  cause  a notice  to  be  sent  to 
the  parents  of  such  pupil  that  if  the  required  health  certificate  is 
not  furnished  within  thirty  days  from  the  date  of  such  notice,  an 
examination  will  be  made  of  such  pupil  as  provided  herein. 
[Added  by  L.  1913 , ch.  627.] 

§ 573  Examinations  by  medical  inspectors.  Each 
principal  or  teacher  in  charge  of  a public  school  shall  report  to 
the  medical  inspector  having  jurisdiction  over  such  school  the 
names  of  all  pupils  who  have  not  furnished  health  certificates  as 
provided  in  the  preceding  section,  and  the  medical  inspector  shall 
cause  such  pupils  to  be  separately  and  carefully  examined  and 
tested  to  ascertain  whether  any  of  them  are  suffering  from  de- 


EDUCATION  DAW 


171 


fective  sight  or  hearing,  or  from  any  other  physical  disability 
tending  to  prevent  them  from  receiving  the  full  benefit  of  school 
work,  or  requiring  a modification  of  such  work  to  prevent  injury 
to  the  pupils  or  to  receive  the  best  educational  results.  If  it  be 
ascertained  upon  such  test  or  examination  that  any  of  such  pupils 
are  inflicted  with  defective  sight  or  hearing  or  other  physical  dis- 
ability as  above  described  the  principal  or  teacher,  having  charge 
of  such  school,  shall  notify  the  parents  or  other  persons  with 
whom  such  pupils  are  living,  as  to  the  existence  of  such  defects 
and  physical  disability.  If  the  parents  or  guardians  are  unable 
or  unwilling  to  provide  the  necessary  relief  and  treatment  for 
such  pupils,  such  fact  shall  be  reported  by  the  principal  or 
teacher  to  the  medical  inspector,  whose  duty  it  shall  be  to  pro- 
vide relief  for  such  pupils.  [Added  by  L.  1913 , ch.  627 .] 

§ 574  Record  of  examinations;  eye  and  ear  tests. 
Medical  inspectors  or  principals  and  teachers  in  charge  of  public 
schools  shall  make  eye  and  ear  tests  of  the  pupils  in  such  schools, 
at  least  once  in  each  school  year.  The  State  Commissioner  of 
Health  shall  prescribe  the  method  of  making  such  tests,  and  shall 
furnish  general  instruction  in  respect  to  such  tests.  The  Com- 
missioner of  Education,  after  consultation  with  the  State  Com- 
missioner of  Health,  shall  prescribe  and  furnish  to  the  school  au- 
thorities suitable  rules  of  instruction  as  to  tests  and  examina- 
tions made  as  provided  in  this  article,  together  with  test  cards, 
blanks,  record  books  and  other  useful  appliances  for  carrying  out 
the  purposes  of  this  article.  The  Commissioner  of  Education 
shall  provide  for  pupils  in  the  normal  schools,  city  training 
schools  and  training  classes  instruction  and  practice  in  the  best 
methods  of  testing  the  sight  and  hearing  of  children.  [Added 
by  L.  1913 , ch.  627.'] 

§ 575  Existence  of  contagious  diseases;  return 
after  illness.  Whenever  upon  investigation  a pupil  in  the 
public  schools  shows  symptoms  of  smallpox,  scarlet  fever,  measles, 
chickenpox,  tuberculosis,  diphtheria,  influenza,  tonsilitis,  whoop- 
ing cough,  mumps,  scabies  or  trachoma,  he  shall  be  excluded  from 
the  school  and  sent  to  his  home  immediately,  in  a safe  and  proper 
conveyance,  and  the  health  officer  of  the  city  or  town  shall  be 
immediately  notified  of  the  existence  of  such  disease.  The  medical 
inspector  shall  examine  each  pupil  returning  to  a school  without 
a certificate  from  the  health  officer  of  the  city  or  town,  or  the 
family  physician,  after  absence  on  account  of  illness  or  from 
unknown  cause. 


172 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Such  medical  inspectors  may  make  such  examinations  of 
teachers,  janitors  and  school  buildings  as  in  their  opinion  the 
protection  of  the  health  of  the  pupils  and  teachers  may  require. 
[Added  by  L.  1913 , ch.  627.] 

§ 576  Enforcement  of  law.  It  shall  he  the  duty  of  the 
Commissioner  of  Education  to  enforce  the  provisions  of  this 
article,  and  he  may  adopt  such  rules  and  regulations  not  incon- 
sistent herewith,  after  consultation  with  the  State  Commissioner 
of  Health,  for  the  purpose  of  carrying  into  full  force  and  effect 
the  objects  and  intent  of  this  article. 

He  may,  in  his  discretion,  withhold  the  public  money  from  a 
district  which  wilfully  refuses  or  neglects  to  comply  with  this 
article,  and  the  rules  and  regulations  made  hereunder.  [ Added 
by  L.  1913 , ch.  627.] 

§ 577  State  medical  inspection  of  schools.  The 

Commissioner  of  Education  shall  appoint  a competent  physician 
who  has  been  in  the  actual  practice  of  his  profession  for  a period 
of  at  least  five  years,  as  State  Medical  Inspector  of  schools.  The 
State  Medical  Inspector  of  schools,  under  the  supervision  of  the 
Commissioner  of  Education,  shall  perform  such  duties  as  may  he 
required  for  carrying  out  the  provisions  of  this  article.  The  said 
Medical  Inspector  shall  be  appointed  in  the  same  manner  as  other 
employees  of  the  Education  Department.  [Added  by  L.  1913 , 
ch.  627.] 

Note. — The  following  provisions  of  the  public  health  law  (L.  1909,  ch.  49) 
relate  to  the  vaccination  of  school  children  : 

§ 310  Vaccination  of  school  children.  1 A child 
or  person  not  vaccinated  shall  not  be  admitted  or  received  into 
a school  in  a city  of  the  first  or  second  class.  The  hoard,  offi- 
cers or  other  person  having  the  charge,  management  or  control 
of  such  school  shall  cause  this  provision  of  law  to  be  enforced. 
The  board  of  health  or  other  hoard,  commission  or  officers  of 
such  city  having  jurisdiction  of  the  enforcement  of  the  chapter 
therein  shall  provide,  at  the  expense  of  the  city  for  the  vaccination 
of  all  pupils  of  such  school  whose  parents  or  guardian  do  not 
provide  vaccination  for  them. 

2 Whenever  smallpox  exists  in  any  other  city  or  school  dis- 
trict, or  in  the  vicinity  thereof,  and  the  State  Commissioner  of 
Health  shall  certify  in  writing  to  the  school  authorities  in  charge 
of  any  school  or  schools  in  such  city  or  district,  it  shall  become  the 
duty  of  such  school  authorities  to  exclude  from  such  schools  every 
child  or  person  who  does  not  furnish  a certificate  from  a duly 


EDUCATION  LAW 


m 


licensed  physician  to  the  effect  that  he  has  successfully  vacci- 
nated such  child  or  person  with  the  vaccine  virus  in  the  usual 
manner  or  that  such  child  or  person  shows  evidence  by  scar  of  a 
successful  previous  vaccination.  Whenever  school  authorities 
having  the  charge,  management  and  control  of  schools  in  a dis- 
trict or  city  cause  this  provision  of  law  to  be  enforced  the  local 
board  of  health  shall  provide  for  the  vaccination  of  all  children 
whose  parents  or  guardian  do  not  provide  such  vaccination. 

3 The  expense  incurred,  when  such  vaccination  is  performed 
under  the  direction  of  the  local  health  authorities,  shall  be  a 
charge  upon  the  municipality  in  which  the  child  or  person  vac- 
cinated resided,  and  shall  be  audited  and  paid  in  the  same  man- 
ner as  other  expenses  incurred  by  such  municipality  are  audited 
and  paid.  The  local  boards  of  health  or  other  health  authorities 
may,  in  their  discretion,  provide  for  the  payment  of  additional 
compensation  to  health  officers  performing  such  vaccination.1 
[. Amended  by  L.  1915 , ch.  133 , in  effect  March  30,  1915.] 

§ 311  Vaccination;  how  made;  reports.  1 No  per- 
son shall  perform  vaccination  for  the  prevention  of  smallpox  who 
is  not  a regularly  licensed  physician  under  the  laws  of  the  State. 
Vaccination  shall  be  preformed  1 in  such  manner  only  as  shall  be 
prescribed  by  the  State  Commissioner  of  Health. 

2 No  physician  shall  use  vaccine  virus  for  the  prevention  of 
smallpox  unless  such  vaccine  virus  is  produced  under  license 
issued  by  the  secretary  of  the  treasury  of  the  United  States  and 
is  accompanied  by  a certificate  of  approval  by  the  State  Com- 
missioner of  Health,  and  such  vaccine  virus  shall  then  be  used 
only  within  the  period  of  time  specified  in  such  approval. 

3 Every  physician  performing  a vaccination  shall  within  ten 
days  make  a report  to  the  State  Commissioner  of  Health  upon  a 
form  furnished  by  such  Commissioner  setting  forth  the  full  name 
and  age  of  the  person  vaccinated  and,  if  such  person  is  a minor, 
the  name  and  address  of  his  parents,  the  date  of  vaccination,  the 
date  of  previous  voccination  1 if  possible,  the  name  of  the  maker 
of  the  vaccine  virus  and  the  lot  or  batch  number  of  such  vaccine 
virus.  [Amended  by  L.  1915,  ch.  133,  in  effect  March  30, 
1915.] 


1 So  in  original. 


174 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  20-B 

[Added  by  L.  1911,  ch.  553 , in  effect  May  18,  1917 ] 

Children  with  Retarded  Mental  Development 

§ 578  Children  with  retarded  mental  develop- 
ment. 1 The  board  of  education  of  each  city  and  of  each 
union  free  school  district,  and  the  board  of  trustees  of  each  school 
district  shall,  within  one  year  from  the  time  this  act  becomes 
effective,  ascertain,  under  regulations  prescribed  by  the  Commis- 
sioner of  Education  and  approved  by  the  Regents  of  the  Univer- 
sity, the  number  of  children  in  attendance  upon  the  public  schools 
under  its  supervision  who  are  three  years  or  more  retarded  in 
mental  development. 

2 The  board  of  education  of  each  city  and  of  each  union  free 
school  district  in  which  there  are  ten  or  more  children  three  years 
or  more  retarded  in  mental  development  shall  establish  such 
special  classes  of  not  more  than  fifteen  as  may  be  necessary  to  pro- 
vide instruction  adapted  to  the  mental  attainments  of  such 
children. 

3 The  board  of  education  of  each  city  and  of  each  union  free 
school  district,  and  the  board  of  trustees  of  each  school  district 
which  contains  less  than  ten  such  children  may  contract  with  the 
board  of  education  of  another  city  or  school  district  for  the 
education  of  such  children  in  special  classes  organized  in  the 
schools  of  the  city  or  district  with  which  such  contract  is  made. 
[ Added  by  L.  1917 , ch.  533,  in  effect  May  18,  1917 .] 

ARTICLE  21 
Contract  System 

Section  580  District  meeting  to  authorize  contract  system 

581  District  or  city  with  which  such  contract  may  be  made 

582  Trustees  or  boards  of  education  may  contract  to  receive  such 

children 

583  Form  of  contract 

584  Validity  of  contract 

585  Apportionment  to  contracting  district 

586  Report  of  pupils  from  other  districts 

§ 580  District  meeting  to  authorize  contract  sys- 
tem. Any  school  district  may  decide  by  a majority  vote  of  the 
qualified  voters  present  and  voting  at  any  district  meeting: 

1 To  contract  for  the  education  of  all  the  children  of  such  dis- 
trict in  another  district  or  in  a city  instead  of  maintaining  a home 
school ; 


EDUCATION  LAW 


175 


2  To  contract  for  the  education  of  part  of  the  children  of  such 
district  in  another  district  or  in  a city  and  maintain  a home  school. 

§ 581  District  or  city  with  which,  such  contract 
may  be  made.  1 Such  contract  may  be  made  with  one  or 
more  districts  or  cities.  The  district  meeting  authorizing  such 
contract  may  designate  the  districts  or  cities  with  which  such  con- 
tracts may  be  made. 

2 If  the  district  meeting  fails  to  make  such  designation  or  if 
any  district  or  city  so  designated  refuses  to  make  such  contract, 
the  trustees  of  the  district  authorizing  such  contract  may  enter 
into  a contract  with  a district  willing  to  make  such  contract. 

§ 582  Trustees  or  boards  of  education  may  con- 
tract to  receive  such  children.  The  trustees  or  hoard 
of  education  of  any  district  or  city  may  enter  into  a contract  to 
receive  and  educate  in  the  schools  of  such  district  or  city  the 
children  of  any  district  which  shall  authorize  its  trustees  to  con- 
tract for  the  education  of  its  children  as  provided  by  section  580 
of  this  chapter. 

§ 583  Form  of  contract.  Such  contract  shall  be  writ- 
ten and  in  the  form  prescribed  by  the  Commissioner  of  Education. 

§ 584  Validity  of  contract.  Such  contract  shall  not 
be  valid  or  binding  upon  either  party  thereto  until  a copy  thereof 
is  filed  with  the  Commissioner  of  Education  and  approved  by  such 
Commissioner. 

§ 585  Apportionment  to  contracting  district.  1 

Whenever  the  period  of  time  which  a district  contracts  for  the 
education  of  its  children  or  such  period  together  with  the  time 
school  is  actually  taught  in  said  district  shall  amount  to  one  hun- 
dred and  sixty  days  and  the  contract  shall  include  all  the  children 
of  school  age  in  such  district,  such  district  shall  be  entitled  to  re- 
ceive one  district  quota. 

2 Whenever  a district  maintains  a home  school  and  contracts 
for  the  education  of  at  least  twelve  of  its  children  in  another  dis- 
trict or  city,  it  shall  be  entitled  to  one  teacher’s  quota  in  addition 
to  its  district  quota. 

3 Ho  school  district  operating  under  the  contract  system  shall 
receive  a greater  apportionment  than  the  total  expense  incurred  in 
payment  of  tuition  and  transportation  of  pupils  as  shown  by  the 
report  of  the  trustee  to  the  school  commissioner. 

4 Whenever  a district  contracts  with  another  district  or  a city 
and  such  district  or  city  maintains  a high  school  or  an  academic 


176 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


department,  and  whenever  the  expense  of  the  tuition  and  trans- 
portation for  the  elementary  children  of  said  district  shall  exceed 
two  hundred  and  fifty  dollars,  the  tuition  of  the  academic  pupils 
attending  such  high  school  or  academic  pupils  from  such  con- 
tracting district  may  he  paid  by  the  State  as  provided  by  section 
493  of  this  chapter.  [Subdivision  1+  added  by  L.  1915 , ch.  191f.~\ 
§ 586  Report  of  pupils  from  other  districts.  The 
children  attending  a school  under  any  such  contract  shall  be 
reported  to  the  Commissioner  of  Education  by  the  trustees  or 
board  of  education  of  the  district  or  city  wherein  such  children 
attend  school  as  though  they  were  residents  of  such  city  or  school 
district. 

ARTICLE  22 

[Article  amended  by  L.  1919 , ch.  531 ] 

General  Industrial  Schools,  Unit  Trade  and 
Technical  Schools,  Part-time  or  Continuation 
Schools,  Practical  Arts  or  Homemaking 
Schools  and  Schools  of  Agriculture,  Mechanic 
Arts  and  Homemaking 

Section  600  General  industrial  schools,  unit  trade  and  technical  schools, 
schools  of  agriculture,  mechanic  arts  and  homemaking,  evening 
vocational  schools,  practical  arts  or  homemaking  schools  and 
may  be  established  in  cities 

601  Part-time  or  continuation  schools  shall  be  established  in  cities 

and  school  districts 

602  Establishment  of  general  industrial  schools  and  unit  trade  and 

technical  schools,  and  schools  of  agriculture,  mechanic  arts  and 
homemaking,  practical  arts  or  homemaking  schools,  evening 
vocational  schools;  directors  of  agriculture,  mechanic  arts  and 
homemaking 

603  Appointment  of  an  advisory  board 

604  Authority  of  the  board  of  education  over  such  schools 

605  State  aid  for  general  industrial  schools,  unit  trade  and  technical 

schools,  practical  arts  or  homemaking  schools,  part-time  or 
continuation  schools,  schools  of  agriculture,  mechanic  arts  and 
homemaking  and  evening  vocational  schools 

606  Application  of  such  moneys 

607  Annual  estimate  by  board  of  education  and  appropriations  by 

municipal  and  school  districts 

608  Courses  in  schools  of  agriculture  for  training  of  teachers 

§ 600  General  industrial  schools,  trade  schools 
and  schools  of  agriculture,  mechanic  arts  and  home- 
making, may  be  established  in  cities.  Tbe  board  of 
education  of  any  city  may  establish,  acquire,  conduct  and  main- 


EDUCATION  LAW 


177 


tain  as  a part  of  the  public  school  system  of  such  city  the 
following : 

1 General  industrial  schools  in  communities  of  less  than  twenty- 
five  thousand  inhabitants  open  to  pupils  who  have  completed  the 
elementary  school  course  or  who  have  attained  the  age  of  fourteen 
years;  and 

2 Unit  trade  and  technical  schools  open  to  pupils  who  have 
attained  the  age  of  fourteen  years  or  who  have  completed  the 
elementary  school  course  or  who  have  met  such  other  require- 
ments as  the  Commissioner  of  Education  may  have  prescribed; 
and 

3 Schools  of  agriculture,  mechanic  arts  and  homemaking,  open 
to  pupils  who  have  completed  the  elementary  school  course  or 
who  have  attained  the  age  of  fourteen,  or  who  have  met  such 
other  requirements  as  the  local  school  authorities  may  have  pre- 
scribed; and 

4 Practical  arts  or  homemaking  schools  open  to  pupils  who 
have  completed  the  elementary  school  course,  or  who  have  attained 
the  age  of  fourteen  years,  or  who  have  met  such  other  require- 
ments as  the  Commissioner  of  Education  may  have  prescribed. 
Special  requirements  may  be  prescribed  for  courses  conducted  in 
communities  of  less  than  twenty-five  thousand  inhabitants. 

5 Evening  vocational  schools  in  which  instruction  shall  he 
given  in  the  trades  and  in  industrial,  agricultural  and  home- 
making subjects,  and  which  shall  be  open  to  pupils  over  sixteen 
years  of  age,  who  are  regularly  and  lawfully  employed  during 
the  day  and  which  provide  instruction  in  subjects  related  to  the 
practical  work  carried  on  in  such  employment;  but  such  evening 
vocational  schools  providing  instruction  in  homemaking  shall  be 
open  to  all  women  over  sixteen  years  of  age  who  are  employed  in 
any  capacity  during  the  day. 

The  word  “ school/’  as  used  in  this  article,  shall  include  any 
department  or  course  of  instruction  established  and  maintained 
in  a public  school  for  any  of  the  purposes  specified  in  this  section. 
[Amended  by  L.  1919,  ch.  531,  in  effect  August  1,  1919.] 

§ 601  Part-time  or  continuation  schools  shall  be 
established  in  cities  and  school  districts  having  a 
population  of  five  thousand  or  more  inhabitants. 

a The  hoard  of  education  of  each  city  and  of  each  such  school 
district  in  which  there  are  twenty  or  more  minors  above  the  age 
of  fourteen  years  and  below  the  age  of  eighteen  years,  who  are 


178 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


not  in  regular  attendance  upon  instruction,  shall  establish  and 
maintain  part-time  or  continuation  schools  or  classes  in  which 
such  minors  shall  receive  instruction.  Such  schools  or  classes  may 
he  established  in  public  school  buildings,  in  other  buildings  es- 
pecially adapted  for  their  operation,  in  manufacturing  or  mer- 
cantile establishments  and  in  factories.  Such  schools  or  classes, 
wherever  they  are  established  or  maintained,  shall  be  under  the 
control  and  management  of  the  board  of  education  and  shall  be 
a part  of  the  public  school  system  of  the  city  or  district  which 
maintains  them.  Courses  of  study  in  private  or  parochial  part- 
time  or  continuation  schools  or  classes  which  meet  the  require- 
ments of  the  statutes  and  the  regulations  prescribed  thereunder 
may  be  approved  by  the  Commissioner  of  Education  and,  when 
thus  approved,  attendance  thereon  shall  be  accepted  for  that 
required  under  this  article. 

b Such  part-time  or  continuation  schools  or  classes  shall  be 
maintained  each  year  during  the  full  period  of  time  which  the 
public  schools  of  a city  or  district  are  in  session.  The  sessions 
of  such  part-time  or  continuation  schools  or  classes  shall  be  on 
the  regular  school  days  and  for  as  many  hours  between  the  hours 
of  eight  o’clock  forenoon  and  five  o’clock  afternoon  as  shall  be 
necessary  to  provide  the  required  instruction  for  such  minors 
who  reside  in  said  city  or  district. 

c The  courses  of  study  in  such  part-time  or  continuation  schools 
or  classes  shall  be  approved  by  the  Commissioner  of  Education 
and  shall  include  among  other  subjects  instruction  in  American 
history,  the  rights  and  obligations  of  citizenship,  industrial  his- 
tory, economics,  the  essential  features  of  the  laws  relating  to  the 
industries  taught,  and  shall  also  include  such  other  subjects  as 
will  enlarge  the  vocational  intelligence  of  such  minors. 

d The  board  of  education  of  each  city  and  of  each  such  school 
district  shall  make  necessary  arrangements  to  begin  to  operate  and 
maintain  such  part-time  or  continuation  schools  or  classes,  on  the 
opening  of  the  public  schools  in  September,  1920,  and  shall  an- 
nually thereafter  in  September  open  and  maintain  additional 
schools  and  classes  so  that  by  the  opening  of  the  public  schools  in 
September,  1925,  a sufficient  number  of  such  schools  shall  have 
been  established  as  to  afford  the  required  instruction  under  this 
article  to  those  minors  who  are  required  to  attend  such  schools 
or  classes. 

e Each  minor  under  the  age  of  eighteen  years,  who  is  not  in 
regular  attendance  upon  a public,  private  or  parochial  school  or 


EDUCATION  LAW 


179' 


who  is  regularly  and  lawfully  employed  in  some  occupation  or 
service,  unless  such  minor  has  completed  a four-year  secondary 
course  of  instruction  approved  by  the  Regents  of  the  University, 
shall  attend  a part-time  or  continuation  school  or  class  in  the  city 
or  district  in  which  such  minor  resides  or  may  be  employed.  Such 
attendance  shall  be  for  not  less  than  four  hours  per  week  and  not 
more  than  eight  hours  per  week  for  each  week  which  such  school 
or  class  is  in  session  except  that  the  school  authorities  may,  sub- 
ject to  the  approval  of  the  Commissioner  of  Education,  permit  any 
such  minor  to  increase  the  number  of  hours  per  week  of  required 
attendance  and  decrease  the  number  of  weeks  of  required  at- 
tendance. Such  minor  who  is  temporarily  out  of  regular  em- 
ployment or  service  shall  attend  such  school  not  less  than  twenty 
hours  per  week.  The  attendance  upon  a part-time  or  continua- 
tion school  or  class  shall  be  between  the  hours  of  eight  o’clock 
forenoon  and  five  o’clock  afternoon. 

/ The  Commissioner  of  Education  shall  make  a survey  of  each 
city  or  district  to  ascertain  the  industrial,  commercial,  economic 
and  social  needs  of  such  city  or  district  and  the  benefits  and  op- 
portunities to  be  afforded  through  the  establishment  of  such  part- 
time  or  continuation  schools  or  classes  to  the  community  and  to 
those  who  are  required  to  attend  such  schools  or  classes.  The 
Industrial  Commission  and  the  Commissioner  of  Agriculture  shall 
cooperate  with  the  Commissioner  of  Education  in  making  such 
survey. 

g The  Regents  of  the  University  shall  establish  regulations  to 
govern  and  regulate  the  administration  of  such  part-time  or  con- 
tinuation schools  or  classes  and  the  attendance  of  minors  thereon. 
To  meet  local  necessities  the  board  of  education  of  each  city  or 
school  district  may  establish  regulations  but  such  regulations  shall 
not  conflict  with  the  regulations  adopted  by  the  Regents.  • 

h The  parent,  guardian  or  other  person  having  the  custody  or 
control  of  a minor  who  is  required  under  the  provisions  of  this 
article  to  attend  a part-time  or  continuation  school  or  class  shall 
cause  such  minor  to  attend  such  school  or  class.  A parent, 
guardian  or  other  person  who  refuses  or  fails  to  comply  with  this 
provision  of  the  law  shall  be  deemed  guilty  of  a misdemeanor  and 
upon  conviction  shall  be  subject  to  a fine  of  not  more  than  one 
hundred  dollars  or  by  imprisonment  for  not  more  than  ten  days, 
or  both  such  fine  and  imprisonment  at  the  discretion  of  the  court. 
Any  minor  under  sixteen  years  of  age  who  fails  to  attend  upon 
instruction  as  defined  by  this  article  shall  be  subject  to  the  pro* 


180 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


visions  of  section  635  of  the  Education  Law,  and  a minor  over 
sixteen  years  of  age  who  fails  to  attend  upon  instruction  as 
required  by  this  act  may  be  punished  for  any  such  violation  by 
a fine  not  exceeding  ten  dollars,  or  by  imprisonment  for  not 
more  than  ten  days,  or  by  both  such  fine  and  imprisonment. 

i Any  person,  firm  or  corporation  employing  a minor  between 
the  ages  of  fourteen  years  and  eighteen  years  shall  permit  the 
attendance  of  such  minor  upon  a part-time  school  or  class  when- 
ever such  part-time  school  or  class  shall  have  been  established  in 
the  city  or  district  where  the  minor  resides  or  may  be  employed, 
and  upon  the  termination  of  employment  of  any  such  minor  the 
employer  shall  return  within  three  days  the  employment  certificate 
of  such  minor  by  mail  to  the  school  authorities,  and  a person, 
firm  or  corporation  employing  a minor  over  fourteen  years  of 
age  and  less  than  eighteen  years  of  age  contrary  to  the  provisions 
of  this  article  shall  he  subject  to  a fine  of  not  less  than  twenty- 
five  dollars  and  not  more  than  one  hundred  dollars  for  each 
offense  or  by  imprisonment  in  the  city  or  county  jail  for  not  less 
than  five  days  and  not  more  than  ten  days,  or  by  such  fine  and 
imprisonment  at  the  discretion  of  the  court.  A person,  firm  or 
corporation,  which  has  in  its  employ  a minor  who  fails  to  attend 
a part-time  or  continuation  school  or  class  as  required  herein,  shall 
immediately  discontinue  the  services  of  such  minor  upon  receiving 
from  the  school  authorities  written  notice  of  the  failure  of  such 
minor  to  attend  such  part-time  or  continuation  school  or  class,  and 
a person,  firm  or  corporation  violating  this  provision  of  law  shall 
he  subject  to  a fine  of  fifty  dollars  for  each  offense. 

j The  board  of  education  of  each  city  or  district  having  a 
population  of  five  thousand  or  more  inhabitants  is  hereby  required 
to  enforce  the  provisions  of  this  law  and  the  Commissioner  of 
Education  is  hereby  charged  with  the  duty  and  vested  with  neces- 
sary authority  to  supervise  the  enforcement  and  administration 
of  this  act. 

h If  the  authorities  of  such  a city  or  school  district  fail  or  refuse 
to  provide  the  necessary  funds  for  the  establishment  and  mainte- 
nance of  such  part-time  or  continuation  schools  or  classes  as  are 
required  under  this  law,  the  city  or  district  shall  forfeit  from  the 
funds  due  such  city  or  district  from  the  State  for  school  purposes 
an  amount  equal  to  that  which  is  estimated  by  the  board  of  educa- 
tion as  necessary  to  properly  operate  and  maintain  such  schools 
or  classes.  The  public  or  state  funds  thus  forfeited  by  such  city 
or  district  shall  be  apportioned  by  the  Commissioner  of  Education 


EDUCATION  LAW 


181 


to  the  board  of  education  of  such  city  or  district  for  the  purpose 
of  maintaining  such  part-time  or  continuation  schools  or  classes 
and  the  board  of  education  of  the  city  or  district  receiving  such 
funds  shall  apply  the  same  toward  the  maintenance  of  such  schools 
or  classes  and  in  payment  of  the  expenses  incurred  thereby. 
[. Amended  by  L.  1919 , ch.  531 , in  effect  August  1 , 1919.'] 

§ 602  Establishment  of  general  industrial  and 
unit  trade  and  technical  schools,  and  schools  of  agri- 
culture, mechanic  arts  and  homemaking,  practical 
arts  or  homemaking  schools  or  evening  vocational 
schools;  directors  of  agriculture,  mechanic  arts  and 
home  making.  The  board  of  education  of  any  union  free  school 
district  shall  also  establish,  acquire  and  maintain  general  indus- 
trial schools,  unit  trade  and  technical  schools,  schools  of  agri- 
culture, mechanic  arts  and  homemaking,  and  practical  arts  or 
homemaking  schools  and  evening  vocational  schools  for  like  pur- 
poses whenever  such  schools  shall  be  authorized  by  a district 
meeting.  The  trustees  or  board  of  trustees  of  a common  school 
district  may  establish  a school  or  a course  in  agriculture,  mechanic 
arts  and  homemaking,  when  authorized  by  a district  meeting.  The 
board  of  education  of  a city,  town  or  union  free  school  district, 
not  maintaining  a school  of  agriculture,  mechanic  arts  and  home- 
making may  employ  a director  of  agriculture.  The  boards  of  edu- 
cation or  trustees  of  two  or  more  districts  or  towns  may  by  joint 
contract  employ  such  a director  and  determine  in  such  contract 
as  to  the  portion  of  the  compensation  which  is  to  be  paid  by  each 
district.  The  qualifications  of  a person  employed  as  such  director 
shall  be  prescribed  by  the  Commissioner  of  Education,  as  provided 
by  law  in  respect  to  teachers  employed  in  public  schools  of  the 
State.  [ Amended  by  L.  1919 , ch.  531 , in  effect  August  1 , 
1919.] 

§ 603  Appointment  of  an  advisory  board.  1 The 

board  of  education  shall  appoint  an  advisory  board  of  five  members 
representing  the  local  trades,  industries,  and  occupations.  In  the 
first  instance  two  of  such  members  shall  be  appointed  for  a term 
of  one  year  and  three  of  such  members  shall  be  appointed  for  a 
term  of  two  years.  Thereafter  as  the  terms  of  such  members  shall 
expire  the  vacancies  caused  thereby  shall  be  filled  for  a full  term 
of  two  years.  Any  other  vacancy  occurring  on  such  board  shall 
be  filled  by  the  appointing  power  named  in  this  section  for  the 
remainder  of  the  unexpired  term. 

2 It  shall  be  the  duty  of  such  advisory  board  to  counsel  with 


182 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


and  advise  the  board  of  education  in  relation  to  the  powers  and 
duties  vested  in  such  board  by  this  chapter.  [ Amended  by  L. 
1919,  ch.  531 , in  effect  August  1,  1919.] 

§ 604  Authority  of  the  hoard  of  education  over 
such  schools.  The  board  of  education  in  a city  or  in  a union 
free  school  district  in  which  city  or  district  a general  industrial 
school,  unit  trade  or  technical  school,  a school  of  agriculture, 
mechanic  arts  and  homemaking,  or  practical  arts  or  homemaking 
school,  or  a part-time  or  continuation  school,  or  an  evening  voca- 
tional school  is  established  as  provided  in  this  article,  is  vested 
with  the  same  power  and  authority  over  the  management,  super- 
vision and  control  of  such  school  and  the  teachers  or  instructors 
employed  therein  as  such  board  now  has  over  the  schools  and 
teachers  under  their  charge.  Such  hoards  of  education  shall  also 
have  full  power  and  authority : 

1 To  employ  competent  teachers  or  instructors. 

2 To  provide  proper  courses  of  study. 

3 To  purchase  or  acquire  sites  and  grounds  and  to  purchase, 
acquire,  lease  or  construct  and  to  repair  suitable  shops  or  build- 
ings and  to  properly  equip  the  same. 

4 To  purchase  necessary  machinery,  tools,  apparatus  and 
supplies.  [Amended  by  L.  1919,  ch.  531,  in  effect  August  1, 
1919.] 

§ 605  State  aid  for  general  industrial  schools, 
unit  trade  and  technical  schools,  part-time  or  con- 
tinuation schools,  practical  arts  or  homemaking 
schools,  evening  vocational  schools,  and  schools  of 
agriculture,  mechanic  arts  and  homemaking.  1 The 
Commissioner  of  Education  in  the  annual  apportionment  of  the 
state  school  moneys  shall  apportion  therefrom  to  each  city  and 
school  district  for  each  general  industrial  school,  unit  trade  and 
technical  school,  part-time  or  continuation  school,  practical  arts 
or  homemaking  school  or  evening  vocational  school,  maintained 
therein  for  thirty-six  weeks  during  the  school  year  and  employing 
one  teacher  whose  work  is  devoted  exclusively  to  such  school,  and 
having  an  enrolment  of  such  number  of  pupils  as  may  he  required 
by  the  Commissioner  of  Education  and  maintaining  an  organiza- 
tion and  a course  of  study,  and  conducted  in  a manner  approved 
by  him,  a sum  equal  to  two-thirds  of  the  salary  paid  to  such 
teacher,  hut  not  exceeding  one  thousand  dollars. 

2 He  shall  also  apportion  in  like  manner  to  each  city,  union 
free  school  district  or  common  school  district  for  each  school  of 


EDUCATION  LAW 


183 


agriculture,  mechanic  arts  and  homemaking,  maintained  therein 
for  thirty-six  weeks  during  the  school  year,  and  employing  one 
teacher  whose  work  is  devoted  exclusively  to  such  school,  and  such 
number  of  pupils  as  may  be  required  by  the  Commissioner  of  Edu- 
cation having  an  enrolment  and  maintaining  an  organization  and 
course  of  study  and  conducted  in  a manner  approved  by  him, 
a sum  equal  to  two-thirds  of  the  salary  paid  to  such  teacher.  Such 
teacher  may  be  employed  for  the  entire  year,  and  during  the 
time  that  the  said  school  is  not  open  shall  be  engaged  in  performing 
such  educational  services  as  may  be  required  by  the  board  of 
education  or  trustees,  under  regulations  adopted  by  the  Commis- 
sioner of  Education.  Where  a contract  is  made  with  a teacher 
for  the  entire  year  and  such  teacher  is  employed  for  such  period, 
as  herein  provided,  the  Commissioner  of  Education  shall  make  an 
additional  apportionment  to  such  city  or  district  of  the  sum  of 
two  hundred  dollars.  But  the  total  amount  apportioned  in  each 
year  on  account  of  such  teacher  shall  not  exceed  one  thousand 
dollars. 

3 The  Commissioner  of  Education  shall  also  make  an  additional 
apportionment  to  each  city  and  union  free  school  district  for 
each  additional  teacher  employed  in  the  schools  mentioned  in 
the  preceding  subdivisions  of  this  section  for  thirty-six  weeks 
during  the  school  year,  a sum  equal  to  one-half  of  the  salary  paid 
to  each  such  additional  teacher,  but  not  exceeding  one  thousand 
dollars  for  each  teacher. 

4 The  Commissioner  of  Education  shall  also  apportion  in  like 
manner  to  each  city,  town  and  school  district  employing,  or  join- 
ing in  the  employment  of,  a director  of  agriculture,  as  authorized 
by  section  602  of  this  chapter,  and  establishing,  maintaining 
and  conducting  an  organization  and  course  of  instruction  in  such 
subject,  approved  by  the  Commissioner  of  Education,  a sum 
equal  to  one-half  of  the  salary  paid  to  such  director  by  such  city, 
town  or  district,  or  by  two  or  more  of  such  towns  or  districts,  not 
exceeding  in  each  year  the  sum  of  six  hundred  dollars  for  each 
director  employed.  Where  the  apportionment  is  made  on  account 
of  a director  employed  by  two  or  more  towns  or  districts,  it  shall 
be  apportioned  to  such  towns  or  districts  in  accordance  with 
the  proportionate  amount  paid  by  each  of  such  towns  or  districts 
under  the  contract  made  with  such  director. 

5 The  Commissioner  of  Education,  in  his  discretion,  may  ap- 
portion to  a district  or  city  maintaining  such  schools  or  employ- 
ing such  teachers  for  a shorter  time  than  thirty-six  weeks,  or  for 


184 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


a less  time  than  a regular  school  day,  an  amount  pro  rata  to  the 
time  such  schools  are  maintained  or  such  teachers  are  employed. 
This  section  shall  not  be  construed  to  entitle  manual  training  high 
schools  or  other  secondary  schools  maintaining  manual  training 
departments,  to  an  apportionment  of  funds  herein  provided  for. 

Any  person  employed  as  teacher  as  provided  herein  may  serve 
as  principal  of  the  school  in  which  the  said  industrial  or  trade 
school  or  course,  or  school  or  course  of  agriculture,  mechanic  arts 
and  homemaking,  is  maintained.  [ Amended  by  L.  1919 , ch.  531 , 
in  effect  August  1 , 1919.] 

§ 606  Application  of  such  moneys.  All  moneys  ap- 
portioned by  the  Commissioner  of  Education  for  schools  under 
this  article  shall  he  used  exclusively  for  the  payment  of  the 
salaries  of  teachers  employed  in  such  schools  in  the  city  or  district 
to  which  such  moneys  are  apportioned.  [ Amended  by  L.  1919, 
ch.  531,  in  effect  August  1,  1919.] 

§ 607  Annual  estimate  by  board  of  education  and 
appropriations  by  municipal  and  school  districts. 
The  hoard  of  education  of  each  city  and  the  board  of  education 
or  trustees  of  each  school  district  which  maintains  a general  in- 
dustrial school,  unit  trade  or  technical  school,  school  of  agricul- 
ture, mechanic  arts  and  home  making,  part-time  or  continuation 
schools,  practical  arts  or  homemaking  schools  or  evening  vocational 
schools,  shall  include  in  its  estimate  of  expenses  pursuant  to  the 
provisions  of  this  chapter  the  amount  that  will  be  required  to 
maintain  such  schools  after  applying  toward  the  maintenance 
thereof  the  amount  apportioned  therefor  by  the  Commissioner  of 
Education.  Such  amount  shall  thereafter  be  levied,  assessed  and 
raised  by  tax  upon  the  taxable  property  of  the  city  or  district  at 
the  time  and  in  the  manner  that  other  taxes  for  school  purposes 
are  raised  in  such  city  or  district.  [Amended  by  L.  1919,  ch.  531, 
in  effect  August  1,  1919.] 

§ 608  Courses  in  schools  of  agriculture  for  train- 
ing of  teachers.  The  state  schools  of  agriculture  at  Saint 
Lawrence  University,  at  Alfred  University  and  at  Morrisville 
may  give  courses  for  the  training  of  teachers  in  agriculture, 
mechanic  arts,  domestic  science  or  homemaking,  approved  by  the 
Commissioner  of  Education.  Such  schools  shall  be  entitled  to 
an  apportionment  of  money  as  provided  in  section  605  of  this 
chapter  for  schools  established  in  union  free  school  districts. 
Graduates  from  such  approved  courses  may  receive  licenses  to 
teach  agriculture,  mechanic  arts  and  homemaking  in  the  public 
schools  of  the  State,  subject  to  such  rules  and  regulations  as  the 


EDUCATION  DAW 


185 


Commissioner  of  Education  may  prescribe.  [ Amended  by  L.  1919 , 
ch.  531 , in  effect  August  1,  1919.'] 

Federal  aid.  An  act  was  passed  by  Congress,  approved  February  23,  1917, 
entitled  “An  act  to  provide  for  the  promotion  of  vocational  education;  to 
provide  for  cooperation  with  the  states  in  the  promotion  of  such  education 
in  agriculture  and  the  trades  and  industries;  to  provide  for  cooperation  with 
the  states  in  the  preparation  of  teachers  of  vocational  subjects,  and  to  appro- 
priate money  and  regulate  its  expenditure.”  This  act  appropriated  an  annual 
amount  which  will  reach  an  annual  maximum  of  $7,000,000  in  1926  to  be 
apportioned  among  the  states  which  accept  the  conditions  under  which  the 
apportionment  is  to  be  made  and  provide  some  official  body  or  officer  to 
cooperate  with  the  federal  authorities  in  carrying  into  effect  the  provisions 
of  the  act.  The  act  creates  officers  whose  duty  it  will  be  to  prescribe  the 
instruction  to  be  given  in  vocational  subjects  and  to  aid  and  encourage  the 
states  in  promoting  vocational  education.  The  State  Legislature  enacted  the 
following  act  accepting  the  terms  and  provisions  of  the  federal  act: 

L.  1917,  ch.  576. — An  act  to  provide  for  the  accept- 
ance of  the  benefits  of  an  act  passed  by  the  Senate 
and  House  of  Representatives  of  the  United  States 
of  America,  in  congress  assembled,  to  provide  for 
the  promotion  of  vocational  education. 

Section  1 The  State  of  New  York  hereby  accepts  all  of  the 
provisions  and  the  benefits  of  an  act  passed  by  the  Senate  and 
House  of  Representatives  of  the  United  States  of  America,  in 
congress  assembled,  entitled  “An  act  to  provide  for  the  promo- 
tion of  vocational  education ; to  provide  for  cooperation  with  the 
states  in  the  promotion  of  such  education  in  agriculture  and  the 
trades  and  industries;  to  provide  for  cooperation  with  the  states 
in  the  preparation  of  teachers  of  vocational  subjects;  and  to  ap- 
propriate money  and  regulate  its  expenditure,”  approved  Feb- 
ruary 23,  1917. 

§ 2 The  State  Treasurer  is  hereby  constituted  and  appointed 
the  custodian  of  the  moneys  paid  to  the  State  of  New  York  for 
vocational  education,  under  the  provisions  of  such  act,  and  such 
moneys  shall  be  paid  out  in  the  manner  provided  by  such  act  for 
the  purposes  therein  specified. 

§ 3 The  Regents  of  The  University  of  the  State  of  New  York 
are  hereby  designated  as  the  state  board  for  the  purpose  of  carry- 
ing into  effect  the  provisions  of  such  act,  and  are  hereby  author- 
ized and  directed  to  cooperate  with  the  federal  board  of  vocational 
education  in  the  administration  and  enforcement  of  its  provisions, 
and  to  perform  such  official  acts  and  exercise  such  powers  as  may 
be  necessary  to  entitle  the  State  to  receive  its  benefits. 

§ 4 This  act  shall  take  effect  immediately. 


186 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  22-A 

[ Article  added  by  L.  1915,  ch.  307 ] 

Farm  Schools  in  Counties 


Section  610  Establishment  of  farm  schools 


611  Acquisition  of  lands  and  erection  of  buildings 

612  Board  of  managers 

613  Powers  and  duties  of  board 

614  Powers  of  superintendent;  discipline  of  school 

615  Course  of  instruction 

616  State  aid 

617  Children  admitted  to  such  school 

618  Agreement  with  parents  and  guardians  to  pay  expense  of  main* 

tenance;  compulsory  support 

619  Maintenance  by  county 

619-a.  Reports  to  board  of  supervisors;  inspection 

619-6  Powers  of  Commissioner  of  Education  and  State  Department  of 


Education 


§ 610  Establishment  of  farm  schools.  The  board  of 
supervisors  of  any  county  outside  of  the  city  of  New  York  may 
adopt  a resolution  by  a majority  vote  of  the  members  of  the  board 
establishing  a farm  school  for  the  purpose  of  giving  instruction 
in  the  trades  and  in  industrial,  agricultural  and  homemaking 
subjects  to  children  of  the  county  not  more  than  eighteen  nor  less 
than  eight  years  of  age  who  may  he  admitted  thereto  as  provided 
by  law.  [ Added  by  L.  1915 , ch.  807.'] 

§ 611  Acquisition  of  lands  and  erection  of  build- 
ings. Upon  the  adoption  of  the  resolution  as  provided  in  the 
foregoing  section  the  hoard  of  supervisors  shall  purchase  land  in 
some  conveniently  accessible  place  in  the  county  to  he  used  for  the 
purpose  of  such  school.  They  may  acquire  such  land  by  gift,  pur- 
chase or  condemnation.  The  land  when  so  acquired  shall  he  held 
in  the  name  of  the  county  for  the  benefit  of  such  school.  Upon  the 
acquisition  of  such  land  the  board  of  supervisors  shall  erect  the 
necessary  buildings  and  suitably  equip  them  for  use.  Such  hoard 
may  also  provide  for  the  improvement  of  existing  buildings  and 
make  such  repairs  and  alterations  on  the  buildings  upon  the  land 
used  for  the  purpose  of  the  school  as  may  he  necessary  for  the 
maintenance  and  operation  thereof.  [ Added  by  L.  1915 , ch.  807.] 
§ 612  Board  of  Managers.  The  board  of  managers  of 
such  school  shall  consist  of  not  less  than  five  members  and  shall  be 


EDUCATION  LAW 


187 


composed  of  all  the  city,  village  and  district  superintendents  of 
schools  of  the  county  in  which  it  is  located,  in  addition  to  such 
other  members  as  may  he  necessary  to  make  a total  membership 
of  such  board  of  not  less  than  five.  Such  additional  members 
of  the  board  shall  be  appointed  by  the  board  of  supervisors  from 
the  resident  taxpayers  of  the  county,  who  shall  serve  for  terms 
of  four  years  commencing  on  the  first  day  of  January  succeed- 
ing their  appointment.  Such  terms  shall  he  so  arranged  that 
the  terms  of  no  two  of  the  members  so  appointed  shall  expire 
in  the  same  year,  and  for  this  purpose  the  terms  of  the  members 
first  appointed  hereunder  shall  be  as  follows : In  case  one  mem- 
ber shall  be  appointed,  the  term  shall  be  four  years,  in  case  two 
members  shall  be  appointed,  the  terms  shall  be  four  and  two 
years,  respectively,  in  case  three  members  shall  be  appointed,  the 
terms  shall  be  four,  three  and  two  years,  and  in  case  four  mem- 
bers shall  be  appointed,  the  terms  shall  be  four,  three,  two  and 
one  year,  respectively,  which  terms  shall  commence  on  the  first 
day  of  J anuary  succeeding  their  appointment,  and  their  successors 
shall  be  appointed  for  full  terms  of  four  years  as  above  provided. 
Appointments  to  fill  vacancies  shall  be  for  the  un expired  portion 
of  the  terms.  The  members  of  the  board  shall  serve  without 
compensation.  They  shall  receive  their  necessary  expenses  in- 
curred in  the  performance  of  their  duties.  The  amount  of  such 
expenses  shall  be  charged  against  the  county  and  shall  be  paid 
in  the  same  manner  as  other  county  charges.  The  board  shall 
organize  by  the  election  of  one  of  its  members  as  chairman  and 
another  as  secretary.  [Added  by  L.  1915 , ch.  307.] 

§ 613  Powers  and  duties  of  board.  The  board  of 
managers  of  such  school  shall  be  responsible  for  the  operation  and 
maintenance  of  the  school;  employ  a superintendent  and  such 
teachers  and  assistants  as  may  be  required  for  the  operation  and 
maintenance  of  the  school  when  authorized  so  to  do  by  the  board  of 
supervisors  of  the  county;  fix  the  compensation  of  such  superin- 
tendent, teachers  and  assistants  within  the  amount  made  avail- 
able therefor  by  the  said  board  of  supervisors;  prescribe  rules 
and  regulations  for  the  management  of  the  school  and  for  the 
purpose  of  carrying  into  effect  the  object  thereof;  provide  for 
the  detention,  maintenance  and  instruction  of  all  children  who  are 
admitted  to  the  school.  [Added  by  L . 1915 , ch.  307.] 

§ 614  Powers  of  superintendent;  discipline  of 
school.  The  superintendent  of  the  school  shall,  subject  to  the 
regulations  of  the  board  of  managers: 


188 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


1 Have  the  general  management  of  the  school  and  the  land, 
buildings  and  equipment  thereof,  and  devote  his  entire  time  to 
its  affairs; 

2 Be  responsible  for  the  welfare  of  pupils  of  the  school  and 
see  that  the  regulations  and  directions  of  the  board  of  managers 
are  carried  into  effect; 

3 Supervise  and  direct  the  methods  of  instruction  and  the  per- 
formance of  duties  by  the  teachers,  assistants  and  employees  of 
such  school; 

4 (Prescribe  rules  for  the  government  and  discipline  of  the 
pupils  of  the  school  and  cause  such  rules  to  be  enforced ; 

5 Protect  and  care  for  the  property  of  the  school; 

6 Give  special  attention  to  the  proper  instruction,  detention, 
restraint,  discipline,  comfort  and  physical  and  moral  welfare  of 
the  pupils  of  the  school,  and  perform  such  other  duties  as  may  be 
required  of  him  by  the  board  of  managers,  with  a view  of  carrying 
out  of  the  purposes  of  this  article.  [ Added  by  L.  1915 , ch.  307.] 

§ 615  Course  of  instruction.  The  board  of  managers 
shall  prescribe  the  courses  of  instruction  to  be  followed  in  such 
school,  subject  to  the  approval  of  the  Commissioner  of  Education. 
Such  instruction  shall  include  instruction  in  agriculture, 
mechanic  arts,  trades  and  homemaking.  The  provisions  of  this 
chapter  and  of  the  regulations  of  the  Education  Department  relat- 
ing to  vocational  instruction  in  the  public  schools  shall  apply  to 
such  school  so  far  as  they  do  not  conflict  with  the  provisions  of  this 
article  and  may  be  made  applicable  thereto.  \Added  by  L.  1915, 
ch.  307.] 

§ 616  State  aid.  There  shall  be  annually  apportioned  to 
such  school  from  the  moneys  appropriated  by  the  State  Legislature 
for  the  support  of  the  public  schools  of  the  State  the  sum  of  one 
thousand  dollars  and  an  additional  sum  of  two  hundred  dollars 
for  each  teacher  employed  therein  for  a period  of  thirty-six  weeks 
during  each  school  year,  whose  entire  time  is  given  to  the  instruc- 
tion of  pupils  in  such  school.  No  such  apportionment  shall  be 
made  unless  there  are  at  least  fifteen  pupils  enrolled  and  actually 
in  attendance  at  such  school  during  such  period  of  thirty-six  weeks, 
and  unless  such  school  maintains  an  organization  and  a course  of 
study  and  is  conducted  in  a manner  approved  by  the  Commissioner 
of  Education.  [ Added  by  L.  1915,  ch.  307.] 

§ 617  Children  admitted  to  such  school.  Children 
not  more  than  eighteen  nor  less  than  eight  years  of  age  may  be 
admitted  to  or  received  in  such  school,  either  (1)  upon  the  appli- 


EDUCATION  LAW 


189 


cation  of  the  parents  or  guardians  having  the  legal  custody  or  con- 
trol of  such  children,  accompanied  by  the  written  consent  of  such 
parents  or  guardians,  or  (2)  upon  commitment  thereto  as  truants 
or  incorrigible  pupils  as  provided  in  section  635  of  this  chapter, 
or  (3)  upon  commitment  thereto  as  juvenile  delinquents  as  pro- 
vided by  law,  provided  that  children  convicted  of  crime  shall 
not  be  committed  to  such  school.  Children  who  have  no  homes 
or  who  are  without  proper  parental  control  or  who  are  under 
improper  guardianship  may  be  sent  to  and  received  in  such  school, 
in  the  same  manner  and  under  the  same  authority  as  in  case  of 
other  children  who  are  improperly  provided  for  at  home.  [ Added 
by  L.  1915 , ch.  807.] 

§ 618  Agreements  with  parents  and  guardians  to 
pay  expense  of  maintenance;  compulsory  support. 

The  board  of  managers  may  make  an  agreement  with  the  parents 
or  guardian  of  a child  in  such  school  for  the  payment  of  an 
amount  therein  specified  for  the  instruction  and  maintenance  of 
such  pupil.  An  application  for  the  admission  of  a child  with 
the  consent  of  the  parents  or  guardian  shall  not  be 
granted  unless  suitable  provision  be  made  for  the  cloth- 
ing of  such  child.  The  amount  agreed  to  be  paid  for 
instruction,  maintenance  and  clothing  shall  be  secured  to 
the  satisfaction  of  the  board  of  managers.  Such  board  shall  ascer- 
tain by  investigation  the  financial  ability  of  parents, 
guardians,  and  other  persons  legally  liable  for  the  support  of 
pupils  admitted  to  such  school  upon  commitment,  and  may  demand 
of  such  parents,  guardians  or  persons  the  payment  of  an  amount 
reasonably  sufficient  to  pay  all  or  a portion  of  the  cost  of  the 
instruction,  maintenance  and  clothing  of  such  pupils.  The  board 
may  proceed  against  such  parents,  guardians  or  persons,  by  proper 
suit  or  proceeding  in  a court  of  competent  jurisdiction  for  the 
recovery  of  the  amount  agreed  or  required  to  be  paid,  as  herein 
provided.  The  amount  so  recovered,  after  the  payment  of  the 
necessary  costs  and  expenses  of  such  suit  or  proceeding,  shall  be 
paid  into  the  treasury  of  the  county,  and  shall  be  applied  to  the 
payment  of  the  cost  of  the  instruction,  maintenance  and  clothing 
of  such  pupils,  [Added  by  L.  1915 , ch.  807.] 

§ 619  Maintenance  by  county.  The  board  of  super- 
visors shall  provide  for  the  maintenance  of  such  school,  the  repair 
and  improvement  of  the  lands  and  buildings  used  or  occupied 
thereby,  and  the  equipment  thereof  with  necessary  machinery, 
tools,  apparatus  and  supplies.  The  cost  thereof,  and  the  expenses 


190 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


incurred  for  such  purposes,  shall  be  charges  against  the  county 
and  shall  be  audited  and  paid  in  the  same  manner  as  other  charges 
against  the  county.  The  maintenance  herein  provided  for  shall 
include  the  support,  instruction,  care,  hoard  and  clothing  of  pupils 
and  such  other  expenses  as  are  necessarily  incurred  in  the  opera- 
tion of  the  school.  [ Added  by  L.  1915 , ch.  507.] 

§ 619-a  Reports  to  board  of  supervisors;  inspec- 
tion. The  board  of  managers  of  such  school  shall  report  in 
writing  to  the  board  of  supervisors  of  the  county  when  called  upon 
to  do  so,  and  shall  transmit  to  the  clerk  of  the  board,  annually, 
on  or  before  the  thirtieth  day  of  June.  Such  annual  report  shall 
state  such  facts  in  respect  to  the  school  as  the  board  of  managers 
may  deem  advisable  and  as  the  board  of  supervisors  may  require. 
The  board  of  supervisors  may,  by  a committee  or  any  of  its  mem- 
bers or  appointees,  inspect  such  school,  and  for  such  purpose  may 
enter  upon  the  land  and  into  the  buildings  of  such  school  at  all 
reasonable  times.  [Added  by  L.  1915,  ch.  307 .] 

§ 619-b  Powers  of  Commissioner  of  Education  and 
State  Department  of  Education.  A school  established  as 
provided  herein  shall  be  deemed  a part  of  the  public  school  system 
of  the  State,  and  shall  be  subject  to  the  supervision  and  control  of 
the  Commissioner  of  Education  and  the  State  Department  of 
Education  in  the  same  manner  as  other  public  schools,  and  shall 
not  he  subject  to  any  of  the  laws  of  the  State  relating  to  charitable 
or  penal  institutions.  [Added  by  L.  1915 , ch.  307. ] 

ARTICLE  23 
Compulsory  Education 

Section  620  Instruction  required 

621  Required  attendance  upon  instruction 

622  When  a boy  is  required  to  attend  evening  school 

623  Instruction  elsewhere  than  at  a public  school 

624  Duties  of  persons  in  paternal1  relation  to  children 

625  Penalty  for  failure  to  perform  paternal1  duty 

626  Unlawful  employment  of  children  and  penalty  therefor 

627  Employer  must  display  record  certificate  and  evening,  part-time 

or  continuation  school  certificate 

628  Punishment  for  unlawful  employment  of  children 

629  Teachers  must  keep  record  of  attendance 

630  School  record  certificate 

631  Evening,  part-time  or  continuation  school  certificate 

632  Attendance  officers 

1 So  in  original. 


EDUCATION  LAW 


191 


Section  633  Arrest  of  truants 

634  Interference  with  attendance  officer 

635  Truant  schools 

636  Enforcement  of  law  and  withholding  the  state  moneys  by  Com- 

missioner of  Education 

637  Attendance  of  illiterate  minors 

638  Certificates  of  principals  or  teachers 

§ 620  Instruction  required.  The  instruction  required 
under  this  article  shall  be: 

1 At  a public  school  in  which  at  least  the  six  common  school 
branches  of  reading,  spelling,  writing,  arithmetic,  English  lan- 
guage and  geography  are  taught  in  English. 

2 Elsewhere  than  a public  school  upon  instruction  in  the  same 
subjects  taught  in  English  by  a competent  teacher. 

§ 621  Required  attendance  upon  instruction. 

1 Every  child  within  the  compulsory  school  ages,  in  proper 
physical  and  mental  condition  to  attend  school,  residing  in  a city 
or  school  district  having  a population  of  five  thousand  or  more 
and  employing  a superintendent  of  schools,  shall  regularly  attend 
upon  instruction  as  follows: 

a Each  child  between  seven  and  fourteen  years  of  age  shall 
attend  the  entire  time  during  which  the  school  attended  is  in 
session,  which  period  shall  not  be  less  than  one  hundred  and 
eighty  days  of  actual  school. 

b Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service,  and  to  whom  an  employment  certificate  has  not  been  duly 
issued  under  the  provisions  of  the  labor  law,  shall  so  attend  the 
entire  time  during  which  the  school  attended  is  in  session.  [ Sub- 
division 1 amended  by  L.  1917 , ch.  563 , in  effect  May  18,  1 917. \ 

2 Every  such  child,  residing  elsewhere  than  in  a city  or  school 
district  having  a population  of  five  thousand  or  more  and  employ- 
ing a superintendent  of  schools,  shall  attend  upon  instruction 
during  the  entire  time  that  the  school  in  the  district  shall  be  in 
session  as  follows : 

a Each  child  between  eight  and  fourteen  years  of  age. 

b Each  child  between  fourteen  and  sixteen  years  of  age  not 
regularly  and  lawfully  engaged  in  any  useful  employment  or 
service.  [ Subdivision  amended  by  L.  1913,  ch.  511. ] 

3 The  provisions  of  this  section  are  intended  to  include  all 
blind  children,  except  such  as  may  receive  appointments  under  the 
provisions  of  article  38  of  this  chapter.  [ Section  amended  by 
L.  1911,  ch.  710.] 


192 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


4 A child  within  the  prescribed  ages  as  provided  by  this  sec- 
tion shall  be  deemed  in  proper  physical  and  mental  condition  to 
attend  upon  instruction  unless  a certificate  shall  have  been  issued 
by  the  school  authorities  that  the  child  is  not  in  proper  physical 
and  mental  condition  to  so  attend.  No  physical  condition  which 
is  capable  of  correction  shall  avail  as  a defense  under  the  pro- 
visions of  this  article  unless  it  shall  he  made  to  appear  that  all 
reasonable  measures  for  the  correction  of  the  condition  and  the 
suitable  instruction  of  the  child  have  been  taken.  [Added  by 
L.  1919,  ch.  232,  in  effect  April  15,  1919.] 

§ 622  When  a boy  is  required  to  attend  evening 
school.  [, Section  repealed  by  L.  1919,  ch.  531,  in  effect  August 
1 , 1919.] 

§ 623  Instruction  elsewhere  than  at  a public 
school.  If  any  such  child  shall  so  attend  upon  instruction  else- 
where than  at  a public  school,  such  instruction  shall  be  at  least 
substantially  equivalent  to  the  instruction  given  children  of  like 
age  at  the  public  school  of  the  city  or  district  in  which  such  child 
resides ; and  such  attendance  shall  be  for  at  least  as  many  hours 
each  day  thereof  as  are  required  of  children  of  like  age  at  public 
schools ; and  no  greater  total  amount  of  holidays  or  vacations  shall 
be  deducted  from  such  attendance  during  the  period  such  attend- 
ance is  required  than  is  allowed  in  such  public  school  to  children 
of  like  age.  Occasional  absences  from  such  attendance,  not 
amounting  to  irregular  attendance  in  the  fair  meaning  of  the 
term,  shall  be  allowed  upon  such  excuses  only  as  would  be  allowed 
in  like  cases  by  the  general  rules  and  practice  of  such  public  school. 

If  a child  required  to  attend  upon  instruction  as  provided  in 
this  article  does  not  attend  at  a public,  private  or  parochial  school 
maintained  in  the  city  or  district  in  which  the  parent  or  guardian 
of  said  child  resides,  such  parent  or  guardian  shall  upon  request 
furnish  satisfactory  proof  to  the  local  school  authorities  of  said 
city  or  district  that  said  child  or  ward  is  attending  upon  lawful 
instruction  elsewhere.  [Amended  by  L.  1917,  ch.  563,  in  effect 
May  18,  1917.] 

§ 624  Duties  of  persons  in  parental  relation  to 
children.  Every  person  in  parental  relation  to  a child  within 
the  compulsory  school  ages  and  in  proper  physical  and  mental 
condition  to  attend  school,  shall  cause  such  child  to  attend  upon  in- 
struction, as  follows: 


EDUCATION  £AW 


193 


1 In  cities  and  school  districts  having  a population  of  five 
thousand  or  above,  every  child  between  seven  and  sixteen  years  of 
age  as  required  by  section  621  of  this  act  unless  an  employment 
certificate  shall  have  been  duly  issued  to  such  child  under  the 
provisions  of  the  labor  law  and  he  is  regularly  employed  there- 
under. 

2 Elsewhere  than  in  a city  or  school  district  having  a popula- 
tion of  five  thousand  or  above,  every  child  between  eight  and  six- 
teen years  of  age,  unless  such  child  shall  have  received  an  employ- 
ment certificate  duly  issued  under  the  provisions  of  the  labor  law 
and  is  regularly  employed  thereunder  in  a factory  or  mercantile 
establishment,  business  or  telegraph  office,  restaurant,  hotel,  apart- 
ment house  or  in  the  distribution  or  transmission  of  merchandise 
or  messages,  or  unless  such  child  shall  have  received  the  school 
record  certificate  issued  under  section  63b  of  this  act  and  is 
regularly  employed  elsewhere  than  in  the  factory  or  mercantile 
establishment,  business  or  telegraph  office,  restaurant,  hotel,  apart- 
ment house  or  in  the  distribution  or  transmission  of  merchandise 
or  messages. 

§ 625  Penalty  for  failure  to  perform  parental 
duty.  A violation  of  section  624  shall  be  a misdemeanor,  punish- 
able for  the  first  offense  by  a fine  not  exceeding  five  dollars,  or 
five  days’  imprisonment,  and  for  each  subsequent  offense  by  a 
fine  not  exceeding  fifty  dollars,  or  by  imprisonment  not  exceed- 
ing thirty  days,  or  by  both  such  fine  and  imprisonment.  Courts 
of  special  sessions  and  police  magistrates  shall,  subject  to  removal 
as  provided  in  sections  57  and  58  of  the  Code  of  Criminal  Pro- 
cedure, have  exclusive  jurisdiction  in  the  first  instance  to  hear, 
try  and  determine  charges  of  violations  of  this  section  within 
their  respective  jurisdictions.  A duly  attested  transcript  of  the 
record  of  attendance  and  absence  of  a child  which  has  been  kept 
by  a teacher,  as  provided  in  section  629  of  this  chapter,  shall  be 
accepted  as  presumptive  evidence  of  the  attendance  of  such  child 
in  any  proceeding  brought  under  the  provisions  of  this  article. 
[Amended  by  L.  1919 ch.  232 in  effect  April  15 , 1919.~\ 

§ 626  Unlawful  employment  of  children  and  pen- 
alty therefor.  It  shall  be  unlawful  for  any  person,  firm  or 
corporation : 

1 To  employe  1 any  child  under  fourteen  years  of  age,  in  any 
business  or  service  whatever,  for  any  part  of  the  term  during 


1 So  in  original. 


194 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


which  the  public  schools  of  the  district  or  city  in  which  the  child 
resides  are  in  session. 

2 To  employ,  elsewhere  than  in  a city  of  the  first  class  or  a 
city  of  the  second  class,  in  a factory  or  mercantile  establishment, 
business  or  telegraph  office,  restaurant,  hotel,  apartment  house  or 
in  the  distribution  or  transmission  of  merchandise  or  messages, 
any  child  between  fourteen  and  sixteen  years  of  age  who  does  not 
at  the  time  of  such  employment  present  an  employment  certifi- 
cate duly  issued  under  the  provisions  of  the  labor  law,  or  to  employ 
any  such  child  in  any  other  capacity  who  does  not  at  the  time  of 
such  employment  present  a school  record  certificate  as  provided  in 
section  630  of  this  chapter. 

3 To  employ  any  child  between  fourteen  and  sixteen  years  of 
age  in  a city  of  the  first  class  or  a city  of  the  second  class  who  does 
not,  at  the  time  of  sucn  employment,  present  an  employment  cer- 
tificate, duly  issued  under  the  provisions  of  the  labor  law. 

§ 627  Employer  must  display  record  certificate 
and  evening,  part-time  or  continuation  school  cer- 
tificate. The  employer  of  any  child  between  fourteen  and  six- 
teen years  of  age  in  a city  or  district  shall  keep  and  shall  display 
in  the  place  where  such  child  is  employed,  the  employment  cer- 
tificate and  also  his  evening,  part-time  or  continuation  school 
certificate  issued  by  the  school  authorities  of  said  city  or  district 
or  by  an  authorized  representative  of  such  school  authorities,  cer- 
tifying that  the  said  child  is  regularly  in  attendance  at  an  even- 
ing, part-time  or  continuation  school  of  said  city  as  provided  in 
section  631  of  this  chapter.  [Amended  by  L.  1913 , ch.  74#.] 

§ 628  Punishment  for  unlawful  employment  of 
children.  Any  person,  firm,  or  corporation,  or  any  officer, 
manager,  superintendent  or  employee  acting  therefor,  who  shall 
employ  any  child  contrary  to  the  provisions  of  sections  626  and 
627  hereof  shall  be  guilty  of  a misdemeanor,  and  the  punish- 
ment therefor  shall  be  for  the  first  offense  a fine  of  not  less  than 
twenty  dollars  nor  more  than  fifty  dollars ; for  a second  and  each 
subsequent  offense,  a fine  of  not  less  than  fifty  dollars  nor  more 
than  two  hundred  dollars.  [Amended  by  L.  1913 , ch.  71^8.] 

§ 629  Teachers  must  keep  record  of  attendance. 
An  accurate  record  of  the  attendance  of  all  children  between  seven 
and  sixteen  years  of  age  shall  be  kept  by  the  teacher  of  every 
school,  showing  each  day  by  the  year,  month,  day  of  the  month 
and  day  of  the  week,  such  attendance,  and  the  number  of  hours 


EDUCATION  LAW 


195 


in  each  day  thereof;  and  each  teacher  upon  whose  instruction 
any  such  child  shall  attend  elsewhere  than  at  school,  shall  keep 
a like  record  of  such  attendance.  Such  record  shall,  at  all 
times,  be  open  to  the  attendance  officers  or  other  person  duly 
authorized  by  the  school  authorities  of  the  city  or  district,  who 
may  inspect  or  copy  the  same ; and  every  such  teacher  shall  fully 
answer  all  inquiries  lawfully  made  by  such  authorities,  inspectors, 
or  other  persons,  and  a wilful  neglect  or  refusal  so  to  answer  any 
such  inquiry  shall  be  a misdemeanor. 

§ 630  School  record  certificate.  1 A school  record 
certificate  shall  contain  a statement  certifying  that  a child  has 
regularly  attended  the  public  schools,  or  schools  equivalent 
thereto,  or  parochial  schools,  for  not  less  than  one  hundred  and 
thirty  days  during  the  twelve  months  next  preceding  his  four- 
teenth birthday  or  during  the  twelve  months  next  preceding  his 
application  for  such  school  record,  and  has  completed  the  work 
in  reading,  writing,  spelling,  arithmetic,  English  language  and 
geography,  in  English,  prescribed  for  the  first  six  years  of  the 
public  elementary  school  or  parochial  school  or  school  of  equal 
rank  maintaining  an  equivalent  course  of  study  in  which  the 
branches  specified  in  subdivision  1 of  section  620  of  this  chapter 
are  taught  in  English.  Such  record  shall  also  give  the  date  of 
birth  and  residence  of  the  child,  as  shown  on  the  school  records, 
and  the  name  of  the  child’s  parents,  guardian  or  custodian.  Such 
school  record  certificate  shall  be  in  the  form  prescribed  or  ap- 
proved by  the  Commissioner  of  Education. 

No  school  record  certificate  shall  be  issued  to  any  child  under 
fifteen  years  of  age  for  the  purpose  of  obtaining  an  employment 
certificate,  unless  such  child  at  the  age  of  fourteen  is  a graduate 
of  a public  elementary  school  or  parochial  school  or  a school  of 
equal  rank  maintaining  an  equivalent  course  of  study  in  which 
the  branches  specified  in  subdivision  1 of  section  620'  of  this 
chapter  are  taught  in  English;  or  holds  a preacademic  certificate 
issued  by  the  Regents,  or  a certificate  of  the  completion  of  an 
elementary  course  issued  by  the  State  Education  Department. 
[Subdivision  1 amended  by  L.  1913 , ch.  101,  and  by  L.  1917, 
ch.  563 , in  effect  May  18,  1917.] 

2 A teacher  or  superintendent  to  whom  application  shall  be 
made  for  a school  record  certificate  required  under  the  provisions 
of  the  labor  law  shall  issue  a school  record  certificate  to  any  child 
who,  after  due  investigation  and  examination,  may  be  found  to  be 
entitled  to  the  same  as  follows : 


196 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


a In  a city  of  the  first  class  by  the  principal  or  chief  executive 
of  a school. 

b In  all  other  cities  and  in  school  districts  having  a population 
of  five  thousand  or  more  and  employing  a superintendent  of 
schools,  by  the  superintendent  of  schools  only. 

c In  all  other  school  districts  by  the  principal  teacher  of  the 
school. 

d In  each  city  or  school  district  such  certificate  shall  be  fur- 
nished on  demand  to  a child  entitled  thereto  or  to  the  board  or 
commissioner  of  health. 

§ 631  Evening,  part-time  or  continuation  school 

certificate.  The  school  authorities  in  a city  or  district,  or 
officers  designated  by  them,  are  hereby  required  to  issue  to  each 
child  lawfully  in  attendance  at  an  evening,  part-time  or  continua- 
tion school,  an  evening,  part-time  or  continuation  school  certifi- 
cate at  least  once  in  each  month  during  the  months  said  evening, 
part-time  or  continuation  school  is  in  session  and  at  the  close  of 
the  term  of  said  evening,  part-time  or  continuation  school,  pro- 
vided that  said  child  has  been  in  attendance  upon  said  evening 
school,  for  not  less  than  six  hours  each  week  or  upon  said  part- 
time  or  continuation  school  for  not  less  than  four  hours  each  week, 
for  such  number  of  weeks  as  will,  when  taken  in  connection  with 
the  number  of  weeks  such  evening,  part-time  or  continuation 
school  respectively,  shall  be  in  session  during  the  remainder  of 
the  current  or  calendar  year,  make  up  a total  attendance  on  the 
part  of  said  child  in  said  evening  school,  of  not  less  than  six 
hours  per  week  for  a period  of  not  less  than  sixteen  weeks  or  in 
said  part-time  or  continuation  school,  of  not  less  than  four  hours 
per  week  for  a period  of  not  less  than  thirty-six  weeks.  Such  cer- 
tificate shall  state  fully  the  period  of  time  which  the  child  to 
whom  it  is  issued  was  in  attendance  upon  such  evening,  part-time 
or  continuation  school.  [Amended  by  L.  1913 , ch.  7 If 8,  in  effect 
May  26 , 1913.] 

§ 632  Attendance  officers.  1 The  school  authorities 
of  each  city,  union  free  school  district,  or  common  school  dis- 
trict whose  limits  include  in  whole  or  in  part  an  incorporated  vil- 
lage, shall  appoint  and  may  remove  at  pleasure  one  or  more  attend- 
ance officers  of  such  city  or  district,  and  shall  fix  their  compensa- 
tion and  may  prescribe  their  duties  not  inconsistent  with  this  arti- 
cle and  make  rules  and  regulations  for  the  performance  thereof; 
and  the  superintendent  of  schools  shall  supervise  the  enforcement 
of  this  article  within  such  city  or  school  district. 


EDUCATION  LAW 


197 


2 The  town  hoard  of  each  town  shall  appoint,  subject  to  the 
written  approval  of  the  school  commissioner  of  the  district,  one  or 
more  attendance  officers,  whose  jurisdiction  shall  extend  over  all 
school  districts  in  said  town,  and  which  are  not  by  this  section 
otherwise  provided  for,  and  shall  fix  their  compensation,  which 
shall  be  a town  charge ; and  such  attendance  officers,  appointed  by 
said  board,  shall  be  removable  at  the  pleasure  of  the  school  commis- 
sioner in  whose  commissioner  district  such  town  is  situated. 

§ 633  Arrest  of  truants.  1 The  attendance  officer 
may  arrest  without  a warrant  any  child  between  seven  and  sixteen 
years  of  age  who  is  a truant  from  instruction  upon  which  he  is 
lawfully  required  to  attend  within  the  city  or  district  of  such 
attendance  officer.  He  shall  forthwith  deliver  the  child  so  arrested 
to  a teacher  from  whom  such  child  is  then  a truant,  or,  in  case  of 
habitual  and  incorrigible  truants,  shall  bring  them  before  a police 
magistrate  for  commitment  to  a truant  school  as  provided  in  sec- 
tion 635. 

2 The  attendance  officer  shall  promptly  report  such  arrest  and 
the  disposition  which  he  makes  of  such  child,  to  the  school  authori- 
ties of  the  said  city  or  district  where  such  child  is  lawfully  re- 
quired to  attend  upon  instruction. 

3 A truant  officer  in  the  performance  of  his  duties  may  enter, 
during  business  hours,  any  factory,  mercantile  or  other  establish- 
ment within  the  city  or  school  district  in  which  he  is  appointed 
and  shall  be  entitled  to  examine  employment  certificates  or  regis- 
try of  children  employed  therein  on  demand. 

§ 634  Interference  with  attendance  officer.  Any 
person  interfering  with  an  attendance  officer  in  the  lawful  dis- 
charge of  his  duties  and  any  person  owning  or  operating  a factory, 
mercantile  or  other  establishment  who  shall  refuse  on  demand  to 
exhibit  to  such  attendance  officer  the  registry  of  the  children  em- 
ployed or  the  employment  certificate  of  such  children  shall  be 
guilty  of  a misdemeanor. 

§ 635  Truant  schools.  1 The  school  authorities  of  any 
city  or  school  district  may  establish  schools,  or  set  apart  separate 
rooms  in  public  school  buildings,  for  children  between  seven  and 
sixteen  years  of  age,  who  are  habitual  truants  from  instruction 
upon  which  they  are  lawfully  required  to  attend,  or  who  are  in- 
subordinate or  disorderly  during  their  attendance  upon  such  in- 
struction, or  irregular  in  such  attendance.  Such  school  or  room 
shall  be  known  as  a truant  school ; but  no  person  convicted  of 


198 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


crimes  or  misdemeanors,  other  than  truancy,  shall  be  committed 
thereto. 

2 School  authorities  may  provide  for  the  confinement,  main- 
tenance and  instruction  of  any  child  who  is  an  habitual  truant 
from  instruction  upon  which  he  is  lawfully  required  to  attend, 
or  is  insubordinate  or  disorderly  during  attendance  upon  such 
instruction,  or  is  irregular  in  such  attendance  in  such  schools; 
and  they  or  the  superintendent  of  schools  in  any  city  or  school 
district,  may,  after  reasonable  notice  to  such  child  and  the  persons 
in  parental  relation  to  such  child,  and  an  opportunity  for  them 
to  be  heard,  and  with  the  consent  in  writing  of  the  persons  in 
parental  relation  to  such  child,  order  such  child  to  attend  such 
school,  or  to  he  confined  and  maintained  therein,  under  such  rules 
and  regulations  as  such  authorities  may  prescribe,  for  a period 
not  exceeding  two  years;  hut  in  no  case  shall  a child  be  so  con- 
fined after  he  is  sixteen  years  of  age.  [ Subdivision  2 amended 
by  L.  1917 , ch.  56 S,  in  effect  May  18 , 191 7.] 

3 Such  authorities  may  order  such  a child  to  be  confined  and 
maintained  during  such  period  in  any  private  school,  orphans’ 
home  or  similar  institution  controlled  by  persons  of  the  same  re- 
ligious faith  as  the  persons  in  parental  relation  to  such  child,  and 
which  is  willing  and  able  to  receive,  confine  and  maintain  such 
child,  upon  such  terms  as  to  compensation  as  may  be  agreed  upon 
between  such  authorities  and  such  private  school,  orphans’  home 
or  similar  institution. 

4 If  the  person  in  parental  relation  to  such  child  shall  not 
consent  to  either  of  such  orders  said  person  shall  be  proceeded 
against  in  court  under  section  625  of  this  chapter  by  the  school 
authorities  or  such  officer  as  they  may  designate.  In  case  the 
person  in  parental  relation  to  such  child  establishes  to  the  satis- 
faction of  the  court  that  such  child  is  beyond  his  control  such 
child  shall  be  proceeded  against  as  a disorderly  person,  and  upon 
conviction  thereof,  if  the  child  was  lawfully  required  to  attend 
a public  school,  the  child  shall  be  sentenced  to  be  confined  and 
maintained  in  such  truant  school  for  a period  not  exceeding  two 
years;  or  if  such  child  was  lawfully  required  to  attend  upon  in- 
struction otherwise  than  at  a public  school,  the  child  may  he 
sentenced  to  he  confined  and  maintained  for  a period  not  exceed- 
ing two  years  in  such  private  school,  orphans’  home  or  other 
similar  institution,  if  there  he  one,  controlled  by  persons  of  the 
same  religious  faith  as  the  persons  in  parental  relation  to  such 


EDUCATION  LAW 


199 


child,  which  is  willing  and  able  to  receive,  confine  and  maintain 
such  child  for  a reasonable  compensation.  Such  confinement  shall 
be  conducted  with  a view  to  the  improvement  and  to  the  restora- 
tion as  soon  as  practicable,  of  such  child  to  the  institution  else- 
where, upon  which  he  may  he  lawfully  required  to  attend. 

4-a  An  habitual  truant  and  a child  who,  being  subject  to  the 
provisions  of  this  article,  has  been  lawfully  suspended  or  expelled 
from  school,  and  is  not  receiving  equivalent  instruction  else- 
where, as  provided  by  section  623  of  this  chapter,  are  hereby 
declared  to  be  ungovernable  children.  Any  such  child  may  be 
apprehended  by  a truant  officer  of  the  school  district  or  city  where 
the  child  resides,  or  by  any  peace  officer,  and  brought  before  a police 
magistrate  having  jurisdiction.  Notice  shall  thereupon  be  given  to 
the  child’s  parent,  guardian,  or  other  person  standing  in  parental 
relation  to  the  child,  and  upon  the  submission  of  satisfactory  proof 
that  the  child  is  an  habitual  truant  or  that,  being  subject  to  this 
article,  he  has  been  lawfully  suspended  or  expelled  from  school  and 
is  not  receiving  instruction  elsewhere,  the  magistrate  may  commit 
such  child  to  a truant  school  maintained  by  such  district  or  city, 
or  if  no  such  truant  school  is  maintained,  to  a private  school, 
orphans’  home  or  other  similar  institution  if  there  be  one,  con- 
trolled by  persons  of  the  same  religious  faith  as  the  persons  in 
parental  relation  to  such  child,  which  is  willing  and  able  to  receive, 
confine  and  maintain  such  child  for  a reasonable  compensation. 
[Subdivision  J+-a  added  by  L.  1917 , ch.  563 , in  effect  May  18, 
1917.] 

5 The  authorities  committing  any  such  child,  and  in  cities  and 
districts  having  a superintendent  of  schools  such  superintendent 
shall  have  authority,  in  his  discretion,  to  parole  at  any  time  any 
truant  so  committed  by  them. 

6 Every  child  lawfully  suspended  from  attendance  upon  in- 
struction for  more  than  one  week,  shall  be  required  to  attend  such 
truant  school  during  the  period  of  such  suspension. 

7 The  school  authorities  of  any  city  or  school  district,  not  hav- 
ing a truant  school,  may  contract  with  any  other  city  or  district 
having  a truant  school,  for  the  confinement,  maintenance  and  in- 
struction therein  of  children  whom  such  school  authorities  might 
require  to  attend  a truant  school,  if  there  were  one  in  their  own 
city  or  district. 

8 Industrial  training  shall  be  furnished  in  every  such  truant 
school. 


200 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


9 The  expense  attending  the  commitment  and  costs  of  main- 
tenance of  any  truant  residing  in  any  city,  or  district,  employing 
a superintendent  of  schools  shall  be  a charge  against  such  city,  or 
district,  and  in  all  other  cases  shall  be  a county  charge. 

§ 636  Enforcement  of  law  and  withholding  tlie 
state  moneys  by  Commissioner  of  Education.  1 The 
Commissioner  of  Education  shall  supervise  the  enforcement  of 
this  law  and  he  may  withhold  one-half  of  all  public  school  moneys 
from  any  city  or  district,  which,  in  his  judgment,  wilfully  omits 
and  refuses  to  enforce  the  provisions  of  this  article,  after  due 
notice,  so  often  and  so  long  as  such  wilful  omission  and  refusal 
shall,  in  his  judgment,  continue. 

2 If  the  provisions  of  this  article  are  complied  with  at  any 
time  within  one  year  from  the  date  on  which  said  moneys  were 
withheld,  the  moneys  so  withheld  shall  be  paid  over  by  said  Com- 
missioner of  Education  to  such  district  or  city,  otherwise  forfeited 
to  the  State. 

§ 637  Attendance  of  illiterate  minors.  1 Every 
minor,  between  sixteen  and  twenty-one  years  of  age,  who  does  not 
possess  such  ability  to  speak,  read  and  write  the  English  language, 
as  is  required,  for  the  completion  of  the  fifth  grade  of  the  public 
or  private  schools  of  the  city  or  school  district  in  which  he  resides, 
shall  attend  some  day  or  evening  school  or  some  school  maintained 
by  an  employer  as  hereinafter  provided  in  subdivision  6 of  this 
act,  in  the  city  or  district  in  which  he  resides  throughout  the 
entire  time  such  school  is  in  session ; provided  that  no  such  minor 
be  required  to  attend,  if  the  Commissioner  of  Health,  or  the  ex- 
ecutive officer  of  the  board  or  department  of  health  of  the  city, 
town,  village  or  district,  where  such  minor  resides,  or  an  officer 
thereof  designated  by  such  board,  department  or  commissioner 
shall  deem  such  minor  to  be  physically  or  mentally  unfit  to  attend. 

2 Any  minor  subject  to  the  provisions  of  this  section,  who 
willfully  violates  any  provisions  of  this  section,  shall  be  punished 
by  a fine  of  not  exceeding  five  dollars. 

3 Every  person  having  in  his  control  any  minor  subject  to  the 
provisions  of  this  section  shall  cause  such  minor  to  attend  a school 
as  hereby  required;  and  if  such  person  fails  for  six  sessions 
within  a period  of  one  month  to  cause  such  minor  to  so  attend 
school,  unless  the  Commissioner  of  Health  or  the  executive  officer 
of  the  board  or  department  of  health  of  the  city,  town,  village 
or  district  where  such  minor  resides  or  an  officer  thereof  desig- 
nated by  such  board,  department  or  commissioner  shall  certify 


EDUCATION  LAW 


201 


that  such  minor’s  physical  or  mental  condition  is  such  as  to  render 
his  attendance  at  school  harmful  or  impracticable,  such  person 
shall,  upon  complaint  by  a truant  officer  and  conviction  thereof, 
be  punished  by  a fine  of  not  more  than  twenty  dollars. 

4 Whoever  induces  or  attempts  to  induce  such  minor  to  absent 
himself  unlawfully  from  school  or  employs  such  minor  except 
as  is  provided  by  law,  or  harbors  such  who,  while  school  is  in 
session,  is  absent  unlawfully  therefrom,  shall  be  punished  by  a 
fine  of  not  more  than  fifty  dollars. 

5 The  employer  of  any  minor  subject  to  the  provisions  of  this 
section  shall  procure  from  such  minor  and  display  in  the  place 
where  such  minor  is  employed  the  weekly  record  of  regular  attend- 
ance upon  a school  and  it  shall  be  unlawful  for  any  person  to 
employ  any  minor  subject  to  the  provisions  of  this  section  until 
and  unless  he  procures  and  displays  said  weekly  record  as  herein 
provided.  It  shall  be  the  duty  of  the  teacher  or  principal  of  the 
school  upon  which  he  (such  minor)  attends  to  provide  each  week 
such  minor  with  a true  record  of  attendance. 

6 Any  employer  may  meet  the  requirements  of  this  act  by  con- 
ducting a class  or  classes  for  teaching  English  and  civics  to  foreign- 
born  in  shop,  store,  plant  or  factory,  under  the  supervision  of  the 
local  school  authorities,  and  any  minor  subject  to  the  provisions 
of  this  act  may  satisfy  the  requirement  by  attendance  upon  such 
classes.  [Added  by  L.  1918 , ch.  J+15,  in  effect  May  1,  1918.] 

§ 638  Certificates  of  principals  or  teachers.  Cer- 
tificates issued  by  any  principal  or  teacher  of  schools  as  to  the 
attendance  or  nonattendance  of  any  person  who  should  attend 
such  school  shall  be  presumptive  evidence  of  the  facts  therein 
stated.  [Added  by  L.  1919 . ch.  SOS,  in  effect  May  S,  1919.] 

ARTICLE  24 
School  Census 

Section  650  School  census  in  cities  of  the  first  class,  except  the  city  of  New 
York 

651  School  census  in  cities  not  of  the  first  class 

652  School  census  in  school  districts 

653  Penalty  for  withholding  information 

654  Payment  of  expenses 

§ 650  School  census  in  cities  of  the  first  class, 
except  the  city  of  New  York.  A permanent  census  board 
is  hereby  established  in  each  city  of  the  first  class,  except  the 


202 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


city  of  New  York.  In  the  city  of  New  York  provision  shall  be 
made  by  the  board  of  education  for  taking  a school  census  in 
connection  with  the  work  of  enforcing  the  compulsory  education 
law.  Such  permanent  census  board  shall  consist  of  the  mayor, 
the  superintendent  of  schools,  the  police  commissioner  or  officer 
performing  duties  similar  to  those  of  a police  commissioner.  The 
mayor  shall  be  the  chairman  of  such  board.  Such  board  shall 
have  power  to  make  such  rules  and  regulations  as  may  he 
necessary  to  carry  out  the  provisions  of  this  article.  Such  board 
shall  have  power  to  appoint  a secretary  and  such  clerks  and  other 
employees  as  may  be  necessary  to  carry  out  the  provisions  of  this 
article  and  to  fix  the  salaries  of  the  same.  Such  board  shall 
ascertain  through  the  police  force,  the  residences  and  employ- 
ments of  all  persons  between  the  ages  of  four  and  eighteen  years 
residing  within  such  cities  and  shall  report  thereon  from  time  to 
time  to  the  school  authorities  of  such  cities.  Under  the  regula- 
tions of  such  board,  during  the  month  of  October,  1909,  it  shall 
he  the  duty  of  the  police  commissioners  in  such  cities  of  the  first 
class  to  cause  a census  of  the  children  of  their  respective  cities 
to  be  taken.  Thereafter  such  census  shall  he  amended  from  day 
to  day  by  the  police,  precinct  by  precinct,  as  changes  of  residence 
occur  among  the  children  of  such  cities  within  the  ages  prescribed 
in  this  article  and  as  other  persons  come  within  the  ages  prescribed 
herein  and  as  other  persons  within  such  ages  shall  become  resi- 
dents of  such  cities,  so  that  said  board  shall  always  have  on  file 
a complete  census  of  the  names  and  residences  of  the  children 
between  such  ages  and  of  the  persons  in  parental  relation  thereto. 
It  shall  be  the  duty  of  persons  in  parental  relation  to  any  child 
residing  within  the  limits  of  said  cities  of  the  first  class  to  report 
at  the  police  station  house  of  the  precinct  within  which  they 
severally  reside,  the  following  information: 

1 Two  weeks  before  any  child  becomes  of  the  compulsory 
school  age  the  name  of  such  child,  its  residence,  the  name  of  the 
person  or  persons  in  parental  relation  thereto,  and  the  name  and 
location  of  the  school  to  which  such  child  is  sent  as  a pupil. 

2 In  case  a child  of  compulsory  school  age  is  for  any  cause 
removed  from  one  school  and  sent  to  another  school,  or  sent  to 
work  in  accordance  with  the  labor  law,  all  the  facts  in  relation 
thereto. 

3 In  case  the  residence  of  a child  is  removed  from  one  police 
precinct  to  another  police  precinct,  the  new  residence  and  the 
other  facts  required  in  the  two  preceding  subdivisions. 


EDUCATION  LAW 


203 


4 In  case  a child  between  the  ages  of  four  and  eighteen  be- 
comes a resident  of  one  of  said  cities  of  the  first  class  for  the  first 
time  the  residence  and  such  other  facts  as  the  census  hoard  shall 
require.  Such  census  shall  include  all  persons  between  the  ages 
of  four  and  eighteen  years,  the  day  of  the  month  and  the  year  of 
the  birth  of  each  of  such  persons,  their  respective  residences  by 
street  and  number,  the  names  of  their  parents  or  guardians,  such 
information  relating  to  illiteracy  and  to  the  enforcement  of 
the  law  relating  to  child  labor  and  compulsory  education  as  the 
school  authorities  of  the  State  and  of  such  cities  shall  require  and 
also  such  further  information  as  such  authorities  shall  require. 
[Amended  by  L.  191 L ch.  1^80.] 

§ 651  School  census  in  cities  not  of  the  first  class. 
The  board  of  education  of  each  city  of  the  second  class  and  of  each 
city  of  the  third  class  shall  constitute  a permanent  census  board 
in  such  city.  Such  board  shall,  under  its  regulations,  cause  a 
census  of  the  children  in  its  city  to  be  taken  and  to  be  amended 
from  day  to  day  so  that  there  shall  always  be  on  file  with  such 
board  a complete  census  giving  the  facts  and  information  required 
in  the  census  provided  for  in  section  650  of  the  Education  Law 
in  cities  of  the  first  class.  All  persons  required  to  give  informa- 
tion or  make  reports  under  the  provisions  of  section  650  of  the 
Education  Law  to  authorities  of  cities  of  the  first  class  shall  be 
required  to  give  similar  information  or  make  similar  reports  under 
regulations  of  the  board  of  education  in  a city  of  the  second  class 
or  a city  of  the  third  class.  [Amended  by  L.  1917 , ch.  567 , in 
effect  May  18,  191 7.] 

§ 652  School  census  in  school  districts.  The  trustee 
or  board  of  trustees  of  every  school  district  shall  annually  on 
the  thirtieth  day  of  August  cause  a census  of  all  children  between 
the  ages  of  five  and  eighteen  to  be  taken  in  duplicate  in  their  re- 
spective school  districts,  and  one  copy  thereof  filed  with  the 
teacher  on  the  first  day  of  school  and  the  other  copy  filed  with 
the  district  superintendent  on  or  before  the  fifteenth  day  of 
September.  Such  census  shall  include  the  information  required 
from  cities  as  provided  in  this  article.  [Amended  by  L.  1919, 
ch.  100,  in  effect  March  27,  1919.] 

§ 653  Penalty  for  withholding;  information.  A 
parent,  guardian  or  other  person  having  under  his  control  or 
charge  a child  between  the  ages  of  four  and  eighteen  years  who 
withholds  or  refuses  to  give  information  in  his  possession  relating 
to  such  child  and  required  under  this  article,  or  any  such  parent, 


204 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


guardian  or  other  person  who  gives  false  information  in  relation 
thereto,  shall  be  liable  to  and  punished  by  a fine  not  exceeding 
twenty  dollars  or  by  imprisonment  not  exceeding  thirty  days. 

§ 654  Payment  of  expenses.  The  money  required  for 
the  purpose  of  carrying  this  article  into  effect  shall  be  paid  by 
the  cities  and  school  districts  respectively,  included  in  the  pro- 
visions of  this  article,  but,  in  cities  in  which  a permanent  census 
board  as  provided  in  section  650  of  this  chapter  is  not  established 
and  maintained,  except  the  city  of  New  York,  and  in  school  dis- 
tricts, such  moneys  shall  be  paid  for  the  services  rendered  in  the 
taking  of  the  school  census,  on  the  certificate  of  the  State  Com- 
missioner of  Education  that  such  census  has  been  satisfactorily 
taken.  [ Amended  by  L.  19  Ilf , ch.  .If80. ] 

ARTICLE  25 

Textbooks 

Section  670  Power  to  designate  textbooks 

671  Requisites  for  change 

672  Penalty  for  violation 

673  Free  textbooks  in  union  free  school  districts 

674  Textbooks  containing  seditious  or  disloyal  matter 

§ 670  Power  to  designate  textbooks;  purchase  of 
textbooks  and  supplies  for  sale  or  rental.  1 In  the 

several  cities  and  union  free  school  districts  of  the  State,  boards 
of  education  or  such  body  or  officer  as  perform  the  functions  of 
such  boards,  shall  designate  textbooks  to  be  used  in  the  schools 
under  their  charge. 

2 In  the  common  school  districts  in  the  State  the  textbooks 
used  in  the  schools  therein  shall  be  designated  at  an  annual  school 
meeting  by  a two-thirds  vote  of  all  the  legal  voters  present  and 
voting  at  such  school  meeting. 

3 In  the  several  cities  and  union  free  school  districts  of  the 
State,  boards  of  education  or  other  school  authorities  may  pur- 
chase textbooks  and  supplies  and  either  rent  or  sell  the  same  to 
the  pupils  attending  the  public  schools  in  such  cities  and  union 
free  school  districts  upon  such  terms  and  under  such  rules  and 
regulations  as  may  be  prescribed  by  such  boards  of  education  or 
other  school  authorities.  [Amended  by  L.  1918 , ch.  379 , in  effect 
April  30,  1918.] 

§ 671  Requisites  for  change.  1 When  a textbook  shall 
have  been  designated  for  use  in  a union  free  school  district  or 


EDUCATION  LAW 


205 


city  as  provided  in  subdivision  1 of  the  preceding  section,  it  shall 
not  be  lawful  to  supersede  such  textbook  by  any  other  book  within 
a period  of  five  years  from  the  time  of  such  designation  except 
upon  a three-fourths  vote  of  the  board  of  education,  or  of  such 
body  or  officer  as  performs  the  function  of  such  board. 

2 When  a textbook  shall  have  been  designated  in  any  common 
school  district  as  provided  in  subdivision  2 of  the  preceding  sec- 
tion it  shall  not  be  lawful  to  supersede  such  textbook  except  upon 
a three-fourths  vote  of  the  legal  voters  present  and  voting  upon 
such  proposition  at  an  annual  meeting  of  such  district. 

§ 672  Penalty  for  violation.  Any  person  violating 
any  of  the  provisions  of  this  article  shall  be  liable  to  a penalty 
of  not  less  than  fifty  dollars  nor  more  than  one  hundred  dollars 
for  every  such  violation,  to  be  sued  for  by  any  taxpayer  of  the 
school  district,  and  recovered  before  any  justice  of  the  peace  and 
when  collected,  to  be  paid  to  the  collector  or  treasurer  for  the 
benefit  of  said  school  district. 

§ 673  Free  textbooks  in  union  free  scliool  dis- 
tricts. 1 The  qualified  voters  of  any  union  free  school  district 
present  at  any  annual  school  meeting  or  at  any  special  school  meet- 
ing duly  and  legally  called  for  the  purpose,  shall  have  power,  by  a 
majority  vote,  to  be  ascertained  by  taking  and  recording  the  ayes 
and  noes,  to  vote  a tax  for  the  purchase  of  all  textbooks  used, 
or  to  be  used,  in  the  schools  of  the  district. 

2 If  such  tax  shall  be  voted  it  shall  be  the  duty  of  the  board  of 
education  of  such  district,  within  ninety  days  thereafter,  to  pur- 
chase and  furnish  free  textbooks  to  all  the  pupils  attending  the 
schools  in  such  district.  Such  board  of  education  shall  have  power 
to  establish  such  rules  and  regulations  concerning  the  use  by  the 
pupils  of  such  textbooks,  and  the  care,  preservation  and  custody 
thereof  as  it  shall  deem  necessary. 

§ 674  Textbooks  containing  seditious  or  disloyal 
matter.  ISTo  textbook  in  any  subject  used  in  the  public  schools 
in  this  State  shall  contain  any  matter  or  statements  of  any  kind 
which  are  seditious  in  character,  disloyal  to  the  United  States  or 
favorable  to  the  cause  of  any  foreign  country  with  which  the 
United  States  is  now  at  war.  A commission  is  hereby  created, 
consisting  of  the  Commissioner  of  Education  and  of  two  persons 
to  be  designated  by  the  Regents  of  The  University  of  the  State  of 
Uew  York,  whose  duty  it  shall  be  on  complaint  to  examine  text- 
books used  in  the  public  schools  of  the  State,  in  the  subjects  of 


206 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


civics,  economics,  English,  history,  language  and  literature,  for 
the  purpose  of  determining  whether  such  textbooks  contain  any 
matter  or  statements  of  any  kind  which  are  seditious  in  character, 
disloyal  to  the  United  States  or  favorable  to  the  cause  of  any 
foreign  country  with  which  the  United  States  is  now  at  war.  Any 
person  may  present  a written  complaint  to  such  commission  that 
a textbook  in  any  of  the  aforesaid  subjects  for  use  in  the  public 
schools  of  this  State  or  offered  for  sale  for  use  in  the  public  schools 
of  this  State  contains  matter  or  statements  in  violation  of  this 
section,  specifying  such  matter  or  statements  in  detail.  If  the 
commission  determine  that  the  textbook  against  which  complaint 
is  made  contains  any  such  matter  or  statements,  it  shall  issue  a 
certificate  disapproving  the  use  of  such  textbook  in  the  public 
schools  of  this  State,  together  with  a statement  of  the  reasons  for 
its  disapproval,  specifying  the  matter  found  unlawful.  Such 
certificate  of  disapproval  of  a textbook,  with  a detailed  statement 
of  the  reasons  for  its  disapproval,  shall  be  duly  forwarded  to  the 
boards  of  education  or  other  boards  or  authorities  having  juris- 
diction of  the  public  schools  of  the  cities,  towns  or  school  districts 
of  this  State,  and  after  the  receipt  of  such  certificate  the  use  of  a 
textbook  so  disapproved  shall  be  discontinued  in  such  city,  town 
or  school  district. 

Any  contract  hereafter  made  by  any  such  board  of  education 
or  other  school  authorities  for  the  purchase  of  a textbook  in  any 
of  such  subjects,  which  has  been  so  disapproved,  shall  be  void. 
Any  school  officer  or  teacher  who  permits  a textbook  in  any  of 
such  subjects,  which  has  been  so  disapproved,  to  be  used  in  the 
public  schools  of  the  State,  shall  be  guilty  of  a misdemeanor. 
[ Added  by  L.  1918,  ch.  21^6,  in  effect  April  17 , 1918A\ 

ARTICLE  26 

Physiology  and  Hygiene 

Section  690  Instruction  regarding  nature  of  alcoholic  drinks 
691  Enforcement  of  last  section 

§ 690  Instruction  regarding  nature  of  alcoholic 
drinks.  1 The  nature  of  alcoholic  drinks  and  other  narcotics 
and  their  effects  on  the  human  system  shall  be  taught  in  connec- 
tion with  the  various  divisions  of  physiology  and  hygiene,  as 
thoroughly  as  are  other  branches  in  all  schools  under  state  control, 
or  supported  wholly  or  in  part  by  public  money  of  the  State,  and 
also  in  all  schools  connected  with  reformatory  institutions. 


EDUCATION  LAW 


207 


2 All  pupils  in  the  above-mentioned  schools  below  the  second 
year  of  the  high  school  and  above  the  third  year  of  school  work 
computing  from  the  beginning  of  the  lowest  primary,  not  kinder- 
garten, year,  or  in  corresponding  classes  of  ungraded  schools,  shall 
be  taught  and  shall  study  this  subject  every  year  with  suitable 
textbooks  in  the  hands  of  all  pupils,  for  not  less  than  three 
lessons  a week  for  ten  or  more  weeks,  or  the  equivalent  of  the 
same  in  each  year,  and  must  pass  satisfactory  tests  in  this  as  in 
other  studies  before  promotion  to  the  next  succeeding  year’s  work ; 
except  that,  where  there  are  nine  or  more  school  years  below  the 
high  school,  the  study  may  be  omitted  in  all  years  above  the  eighth 
year  and  below  the  high  school,  by  such  pupils  as  have  passed  the 
required  tests  of  the  eighth  year. 

3 In  all  schools  above-mentioned,  all  pupils  in  the  lowest  three 
primary,  not  kindergarten,  school  years  or  in  corresponding  classes 
in  ungraded  schools  shall  each  year  be  instructed  in  this  subject 
orally  for  not  less  than  two  lessons  a week  for  ten  weeks,  or  the 
equivalent  of  the  same  in  each  year,  by  teachers  using  textbooks 
adapted  for  such  oral  instruction  as  a guide  and  standard,  and 
such  pupils  must  pass  such  tests  in  this  as  may  be  required  in 
other  studies  before  promotion  to  the  next  succeeding  year’s  work. 
Nothing  in  this  article  shall  be  construed  as  prohibiting  or  requir- 
ing the  teaching  of  this  subject  in  kindergarten  schools. 

4 The  local  school  authorities  shall  provide  needed  facilities 
and  definite  time  and  place  for  this  branch  in  the  regular  courses 
of  study. 

5 The  textbooks  in  the  pupils’  hands  shall  be  graded  to  the 
capacities  of  fourth  year,  intermediate,  grammar  and  high  school 
pupils,  or  to  corresponding  classes  in  ungraded  schools.  I or  stu- 
dents below  high  school  grade,  such  textbooks  shall  give  at  least 
one-fifth  their  space,  and  for  students  of  high  school  grade,  shall 
give  not  less  than  twenty  pages  to  the  nature  and  effects  of  alco- 
holic drinks  and  other  narcotics.  This  subject  must  be  treated  in 
the  textbooks  in  connection  with  the  various  divisions  of  physi- 
ology and  hygiene,  and  pages  on  this  subject  in  a separate  chapter 
at  the  end  of  the  books  shall  not  be  counted  in  determining  the 
minimum.  No  textbook  on  physiology  not  conforming  to  this 
article  shall  be  used  in  the  public  schools. 

6 All  Regents’  examinations  in  physiology  and  hygiene  shall 
include  a due  proportion  of  questions  on  the  nature  of  alcoholic 
drinks  and  other  narcotics,  and  their  effects  on  the  human  system. 


208 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 691  Enforcement  of  last  section.  1 In  all  normal 
schools,  teachers’  training  classes  and  teachers  institutes,  adequate 
time  and  attention  shall  he  given  to  instruction  in  the  best  meth 
ods  of  teaching  this  branch,  and  no  teacher  shall  he  licensed  who 
has  not  passed  a satisfactory  examination  in  the  subject  and  the 
best  methods  of  teaching  it.  On  satisfactory  evidence  that  any 
teacher  has  wilfully  refused  to  teach  this  subject,  as  provided  in 
this  article,  the  Commissioner  of  Education  shall  revoke  the  license 
of  such  teacher. 

2 No  public  money  of  the  State  shall  be  apportioned  by  the 
Commissioner  of  Education  or  paid  for  the  benefit  of  any  city 
until  the  superintendent  of  schools  therein  shall  have  filed  with 
the  treasurer  or  chamberlain  of  such  city  an  affidavit,  and  with  the 
Commissioner  of  Education  a duplicate  of  such  affidavit,  that  he 
has  made  thorough  investigation  as  to  the  facts,  and  that  to  the 
best  of  his  knowledge,  information  and  belief,  all  the  provisions  of 
this  article  have  been  complied  with  in  all  the  schools  under  his 
supervision  in  such  city  during  the  last  preceding  legal  school  year. 

3 Nor  shall  any  public  money  of  the  State  be  apportioned  by 
the  Commissioner  of  Education  or  by  school  commissioners,  or 
paid  for  the  benefit  of  any  school  district,  until  the  president  of 
the  board  of  trustees,  or  in  the  case  of  common  school  districts 
the  trustee  or  some  one  member  of  the  board  of  trustees,  shall 
have  filed  with  the  school  commissioner  having  jurisdiction  an 
affidavit  that  he  has  made  thorough  investigation  as  to  the  facts 
and  that  to  the  best  of  his  knowledge,  information  and  belief,  all 
the  provisions  of  this  article  have  been  complied  with  in  sucb 
district,  which  affidavit  shall  be  included  in  the  trustees’  annual 
report. 

4 It  shall  be  the  duty  of  every  school  commissioner  to  file  with 
the  Commissioner  of  Education  an  affidavit  in  connection  with  his 
annual  report,  showing  all  districts  in  his  jurisdiction  that  have 
and  those  that  have  not  complied  with  all  the  provisions  of  this 
article,  according  to  the  best  of  his  knowledge,  information  and 
belief,  based  upon  a thorough  investigation  by  him  as  to  the  facts. 

5 Nor  shall  any  public  money  of  the  State  be  apportioned  or 
paid  for  the  benefit  of  any  teachers’  training  class,  teachers  in- 
stitute or  other  school  mentioned  herein  until  the  officer  having 
jurisdiction  or  supervision  thereof  shall  have  filed  with  the  Com- 
missioner of  Education  an  affidavit  that  he  has  made  thorough  in- 


education  law 


209 


vestigation  as  to  the  facts  and  that  to  the  best  of  his  knowledge, 
information  and  belief,  all  the  provisions  of  this  article  relative 
thereto  have  been  complied  with. 

6 The  principal  of  each  normal  school  in  the  State  shall  at  the 
close  of  each  school  year  file  with  the  Commissioner  of  Education 
an  affidavit  that  all  the  provisions  of  this  article  applicable  thereto 
have  been  complied  with  during  the  school  year  just  terminated 
and  until  such  affidavit  shall  be  filed  no  warrant  shall  be  issued 
by  the  Commissioner  of  Education  for  the  payment  by  the  treas- 
urer of  any  part  of  the  money  appropriated  for  such  school. 

7 It  shall  be  the  duty  of  the  Commissioner  of  Education  to 
provide  blank  forms  of  affidavit  required  herein  for  use  by  the 
local  school  officers,  and  he  shall  include  in  his  annual  report  a 
statement  showing  every  school,  city  or  district  which  has  failed 
to  comply  with  all  the  provisions  of  this  article  during  the  pre- 
ceding school  year. 

8 On  complaint  by  appeal  to  the  Commissioner  of  Education 
by  any  patron  of  the  schools  mentioned  in  the  last  preceding 
section  or  by  any  citizen  that  any  provision  of  this  article  has  not 
been  complied  with  in  any  city  or  district,  the  Commissioner  of 
Education  shall  make  immediate  investigation,  and  on  satisfactory 
evidence  of  the  truth  of  such  complaint,  shall  thereupon  and  there- 
after withhold  all  public  money  of  the  State  to  which  such  city 
or  district  would  otherwise  be  entitled,  until  all  the  provisions  of 
this  article  shall  be  complied  with  in  said  city  or  district,  and 
shall  exercise  his  power  of  reclamation  and  deduction  under  sec- 
tion 491  of  this  chapter. 

ARTICLE  26-A 

[ Article  added  by  L.  1916,  ch.  567,  in  effect  May  15,  1916 ] 

Discipline  and  Physical  Training* 

Section  695  Instruction  in  physical  training  and  kindred  subjects 

696  Rules  of  Regents 

697  State  aid  for  teachers  employed 

698  Use  of  armories  for  physical  training 

§ 695  Instruction  in  physical  training  and  kin- 
dred subjects.  All  male  and  female  pupils  above  the  age  of 
eight  years  in  all  elementary  and  secondary  schools  shall  receive 
as  part  of  the  prescribed  courses  of  instruction  therein  such 
physical  training  under  the  direction  of  the  Commissioner  of 


210 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Education  as  the  Regents  after  conference  with  the  Military 
Training  Commission  may  determine,  during  periods  which  shall 
average  at  least  twenty  minutes  in  each  school  day.  Pupils  above 
such  age  attending  the  public  schools  shall  be  required  to  attend 
upon  such  prescribed  courses  of  instruction. 

The  board  of  education  or  trustees  of  every  school  district  in 
a city  and  every  union  free  school  district  regularly  employing 
ten  or  more  teachers  shall  employ  a teacher  or  teachers  qualified 
and  duly  licensed  under  the  regulations  of  the  Regents  to  give 
such  instruction;  in  every  other  district  of  the  State,  they  shall 
require  such  instruction  to  be  given  by  the  teacher  or  teachers 
regularly  employed  to  give  instruction  in  other  subjects  or  by  a 
teacher  or  teachers  qualified  and  duly  licensed  under  the  regula- 
tions of  the  Regents.  The  boards  of  education  or  trustees  of  two 
or  more  contiguous  districts  in  the  same  supervisory  district, 
however,  may  join  in  the  employment  of  a teacher  qualified  and 
duly  licensed  under  the  regulations  of  the  Regents  to  give  such 
instruction;  and  the  salary  of  such  teacher  and  the  expenses 
incurred  on  account  of  such  instruction  shall  be  apportioned  by 
the  district  superintendent  among  such  districts  according  to  the 
assessed  valuation  thereof,  and  as  so  apportioned  shall  he  a charge 
upon  each  of  such  districts.  Similar  courses  of  instruction  shall 
he  prescribed  and  maintained  in  private  schools  in  the  State,  and 
all  pupils  in  such  schools  over  eight  years  of  age  shall  attend 
upon  such  courses;  and  if  such  courses  are  not  so  established  and 
maintained  in  any  private  school,  attendance  upon  instruction 
in  such  school  shall  not  he  deemed  substantially  equivalent  to 
instruction  given  to  children  of  like  ages  in  the  public  school  or 
schools  of  the  city  or  district  in  which  the  child  resides. 

Whenever  the  Regents  shall  adopt  recommendations  of  the  Mili- 
tary Training  Commission  in  relation  to  the  establishment  in 
elementary  and  secondary  schools  of  habits,  customs  and  methods 
adapted  to  the  development  of  correct  physical  posture  and  bear- 
ing, mental  and  physical  alertness,  self-control,  disciplined  initia- 
tive, sense  of  duty  and  spirit  of  cooperation  under  leadership, 
as  provided  in  the  military  law,  the  Regents  shall  prescribe  and 
enforce  such  rules  as  may  be  necessary  to  carry  into  effect  the 
recommendations  so  adopted.  [. Amended  by  L.  1918 , ch.  1/-1/.2.] 

§ 696  Rules  of  Regents.  It  shall  be  the  duty  of  the 
Regents  to  adopt  rules  determining  the  subjects  to  be  included  in 
courses  of  physical  training  provided  for  in  this  article,  the  period 


EDUCATION  LAW 


211 


of  instruction  in  each  of  such  courses,  the  qualifications  of 
teachers,  the  attendance  upon  such  courses  of  instruction,  and 
relating  to  carrying  out  the  recommendations  of  the  Military 
Training  Commission  when  adopted  by  the  Regents  as  provided 
for  in  this  article.  [ Added  by  L.  1916 , ch.  567.] 

§ 697  State  aid  for  teachers  employed.  The  Com- 
missioner of  Education,  in  the  annual  apportionment  of  state 
school  moneys,  shall  apportion  therefrom  to  each  city  and  school 
district  on  account  of  courses  of  instruction  as  provided  in  this 
article,  established  and  maintained  in  the  schools  of  such  city  or 
district  during  the  school  year  or  any  part  thereof,  a sum  equal 
to  one-half  of  the  salary  paid  to  each  teacher  qualified  and  duly 
licensed  under  the  regulations  of  the  Regents  to  give  instruction 
in  such  courses,  but  the  entire  amount  apportioned  on  account  of 
a single  teacher  during  a school  year  shall  not  exceed  six  hundred 
dollars.  Such  apportionments  shall  be  made  out  of  moneys  to 
be  appropriated  therefor,  subject  to  the  provisions  of  law  relative 
to  apportionments  of  public  money  to  the  public  schools  of  the 
State.  Such  apportionments  shall  not  be  made  unless  such  courses 
of  instruction  shall  be  approved  by  the  Commissioner  of  Educa- 
tion and  the  instruction  therein  shall  meet  the  standards  pre- 
scribed and  conform  to  the  provisions  of  this  article  and  the  rules 
of  the  Regents  of  the  University  in  respect  thereto.  If  two  or 
more  districts  shall  jointly  employ  a teacher  thus  qualified  to  give 
such  courses  of  instruction,  the  Commissioner  of  Education  shall 
apportion  a like  amount  on  account  of  the  salary  paid  to  the 
teacher,  which  shall  be  apportioned  to  the  school  districts  in 
accordance  with  the  amount  required  to  be  paid  by  each  district 
for  the  maintenance  of  such  courses  of  instruction.  [ Amended 
by  L.  1918 , ch. 

§ 698  Use  of  armories  for  physical  training.  The 

physical  training  hereinbefore  provided  for,  may  be  given,  when 
practicable,  in  any  armory  of  the  State  where  such  armory  is 
within  convenient  distance  from  the  school,  and  at  such  times 
and  in  such  manner  as  not  to  interfere  with  the  regular  military 
uses  of  such  armory.  The  commanding  officer  in  charge  of  any 
such  armory  shall,  upon  application  made  by  any  board  of  educa- 
tion or  trustees  of  the  several  cities  and  school  districts  within  the 
State,  permit  access  to  any  such  armory,  for  the  purposes  herein 
mentioned.  [Added  by  L.  1919 , ch.  112,  in  effect  March  27, 
1919.] 


212 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Military  and  Disciplinary  Training 

[. Military  Law , Art.  1-A ] 

[Article  added  by  L.  1916 , ch.  566 ] 

ARTICLE  1-A 

Military  and  Disciplinary  Training 

Section  26  Military  Training  Commission,  its  assistants,  employees  and 
expenses 

27  Physical  and  disciplinary  training  in  schools;  military  training 

28  Field  training  for  boys 

29  General  powers  and  duties  of  the  commission 

29-a  State  military  property,  including  armories,  may  be  used 

29-&  Use  of  school  buildings 

29-c  Expenses  of  detailed  officers  and  men 

29-d  Definitions;  article  not  applicable  to  certain  schools 

§ 26  Military  training;  commission,  its  assistants, 
employees  and  expenses.  A military  training  commission  for 
the  State  is  hereby  established  composed  of  the  major  general  com- 
manding the  national  guard  ex  officio,  who  shall  be  chairman  of 
the  commission,  a member  to  be  appointed  by  the  Board  of  Regents 
of  The  University  of  the  State  and  a member  to  be  appointed  by 
the  Governor.  The  appointed  members  shall  hold  office  for  terms 
of  four  years. 

The  commission  shall  meet  at  such  places  within  the  State  at 
such  stated  times  as  it  determines  and  other  meetings  shall  be  held 
at  the  call  of  the  chairman  or  of  a majority  of  the  members  of  the 
commission  at  a time  and  place  stated  in  the  call. 

The  commissioners  shall  not  receive  any  compensation  for  their 
services  as  such,  but  they  shall  be  paid  their  traveling  expenses 
actually  and  necessarily  incurred  in  the  performance  of  their 
duties  as  commissioners. 

The  commission  may  appoint  and  at  pleasure  remove  an  in- 
spector of  physical  training  at  a salary  not  exceeding  five  thousand 
dollars  a year  and  other  assistants  and  clerks  and  employees  at 
salaries  to  be  fixed  by  the  commission. 

The  commission  shall  make  an  annual  report  to  the  Governor 
containing  a summary  of  the  business  transacted  with  a statement 
in  detail  of  its  expenditures. 

§ 27  Physical  and  disciplinary  training  in  schools; 
military  training.  1 The  Military  Training  Commission 
shall  advise  and  confer  with  the  Board  of  Regents  of  The  Univer- 
sity of  the  State  of  New  York  as  to  the  courses  of  instruction  in 
physical  training  to  be  prescribed  for  elementary  and  secondary 
schools  as  provided  in  the  Education  Law. 


Education  Law 


213 


In  order  to  more  thoroughly  and  comprehensively  prepare  the 
boys  of  the  elementary  and  secondary  schools  for  the  duties  and 
obligations  of  citizenship,  it  shall  also  be  the  duty  of  the  Military 
Training  Commission  to  recommend  from  time  to  time  to  the 
Board  of  Regents  the  establishment  in  such  schools,  of  habits, 
customs  and  methods  best  adapted  to  develop  correct  physical 
posture  and  bearing,  mental  and  physical  alertness,  self-control, 
disciplined  initiative,  sense  of  duty  and  the  spirit  of  cooperation 
under  leadership. 

2 After  the  first  day  of  September,  1916,  all  boys  above  the 
age  of  sixteen  years  and  not  over  the  age  of  nineteen  years,  except 
boys  exempted  by  the  commission,  shall  be  given  such  military 
training  as  the  commission  may  prescribe  for  periods  aggregating 
not  more  than  three  hours  in  each  week  between  September  first 
of  each  year  and  the  fifteenth  day  of  June  next  ensuing.  Such 
training  periods,  in  the  case  of  pupils  in  schools  and  colleges, 
shall  be  in  addition  to  prescribed  periods  of  other  instruction 
therein  and  outside  the  time  assigned  therefor.  The  military 
training  commission  may  in  its  discretion  prescribe  a uniform 
style  and  color  of  clothing  and  equipment  which  shall  be  the 
uniform  and  equipment  worn  by  all  persons  subject  to  military 
training  as  provided  in  this  section  if  any  uniform  or  equipment 
is  worn  by  any  such  person,  unless  such  commission  approves  a 
uniform  or  equipment  now  or  hereafter  adopted  by  any  school  or 
institution  subject  to  the  provisions  of  this  act.  Such  training 
shall  be  conducted  under  the  supervision  of  the  military  training 
commission  by  such  male  teachers  and  physical  instructors  of 
schools  and  colleges  as  may  be  assigned  by  the  boards  of  education 
or  trustees  of  such  schools  or  governing  bodies  of  such  colleges 
and  accepted  by  the  commission,  and  by  officers  and  enlisted  men 
of  the  national  guard  and  naval  militia  detailed  for  that  purpose 
by  the  major  general  commanding  the  national  guard  or  such 
officer  and  enlisted  men  of  the  United  States  army  as  may  be 
available.  The  officers  and  enlisted  men  of  the  national  guard 
and  naval  militia  so  detailed  shall,  while  in  the  actual  perform- 
ance of  the  duties  of  the  detail,  receive  such  percentage  of  the 
pay  authorized  by  this  chapter  for  officers  and  enlisted  men  of 
the  national  guard  and  naval  militia  of  their  respective  grades 
and  length  of  service  as  may  from  time  to  time  be  fixed  by  the 
commission.  Teachers  and  instructors  assigned  from  schools  and 
colleges  shall  be  paid  such  compensation  as  the  commission  may 
determine  out  of  moneys  appropriated  for  carrying  out  the  pro- 
visions of  this  article. 


214 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Such  requirement  as  to  military  training,  herein  prescribed, 
may  in  the  discretion  of  the  commission  be  met  in  part  by  such 
vocational  training  or  vocational  experience  as  will,  in  the  opinion, 
of  the  commission,  specifically  prepare  boys  of  the  ages  named  for 
service  useful  to  the  State,  in  the  maintenance  of  defense,  in  the 
promotion  of  public  safety,  in  the  conservation  and  development 
of  the  State’s  resources,  or  in  the  construction  and  maintenance 
of  public  improvements.  [ Subdivision  amended  by  L.  1919 , ch . 

W7-] 

3 The  Military  Training  Commission  shall  cause  to  he  issued 
to  each  hoy  above  the  age  of  sixteen  years  and  not  over  the  age  of 
nineteen  years,  who  complies  with  the  requirements  of  this  article, 
a certificate  in  such  form  and  in  such  manner  as  the  commission 
shall  prescribe,  stating  that  such  boy  is  enrolled  for  military  train- 
ing and  is  meeting  the  requirements  of  the  law  as  to  such  military 
training. 

4 No  hoy  above  the  age  of  sixteen  years  and  not  over  the  age 
of  nineteen  years  shall  he  permitted  to  continue  in  attendance 
upon  instruction  in  any  public  or  private  school  or  college  within 
the  State  unless  such  boy  is  in  possession  of  a certificate  issued  as 
hereinbefore  provided,  or  unless  such  boy  has  been  exempted  by 
the  commission  for  military  training  as  provided  by  law  and  the 
rules  and  regulations  of  the  commission.  It  shall  be  the  duty  of 
the  principal  or  other  officer  or  person  having  and  exercising  super- 
vision and  control  over  any  such  school  or  college  to  exclude  such 
boys  from  attendance  upon  instruction  thereat  unless  they  possess 
such  certificate  or  are  exempted  by  the  commission  as  herein  pro- 
vided. If  the  principal  or  officer  in  charge  of  a private  school 
shall  fail  to  comply  with  the  provisions  of  this  subdivision,  such 
school  shall  not  receive  any  apportionment  from  the  public  school 
moneys  or  academic  funds  appropriated  by  the  state  legislature 
for  the  aid  of  such  schools ; and  if  the  officer  or  person  in  charge 
of  a college  shall  fail  to  comply  with  the  provisions  of  this  sub- 
division, such  college  shall  not  be  recognized  as  one  of  the  colleges 
which  may  be  attended  by  the  holder  of  state  scholarship  issued 
under  the  provisions  of  chapter  292  of  the  Laws  of  1913  and  the 
acts  amendatory  thereof. 

5 A boy  above  the  age  of  sixteen  years  and  not  over  the  age 
of  nineteen  years  who  does  not  possess  a certificate  issued  as  herein 
provided,  showing  that  he  is  enrolled  for  military  training  and  is 
meeting  the  requirements  of  the  Military  Training  Commission 
as  to  such  military  training,  shall  not  be  employed  or  continued 


EDUCATION  LAW 


215 


in  employment  by  any  person,  firm  or  corporation  within  this 
State,  or  by  any  officer,  manager,  superintendent  or  other  employee 
acting  in  behalf  thereof,  unless  such  boy  has  been  exempted  by 
the  commission  under  its  rules  and  regulations.  [ Amended  by 
L.  1917 , ch.  Jfi,  and  L.  1918,  ch.  470.] 

§ 28  Field  training  for  boys.  Within  the  limit  of  ap- 
propriations therefor,  the  commission  shall  establish  and  maintain 
state  military  camps  of  instruction  for  field  training  of  boys  who 
are  physically  fit  and  above  the  age  of  sixteen  years  and  not  over 
the  age  of  nineteen  years  and  who  are  accepted  therefor  by  the 
commission.  In  determining  the  persons  to  receive  such  field 
training,  where  moneys  available  are  not  sufficient  to  provide  for 
all,  preference  shall  be  given  in  the  following  order  unless  other- 
wise provided  by  law:  (1)  To  male  pupils  in  attendance  during 
the  preceding  school  year  in  secondary  schools;  (2)  pupils  in  at- 
tendance at  state  agricultural  schools  and  state  agricultural 
colleges  during  that  period;  (3)  the  other  boys  above  specified. 
The  camps  shall  he  located  in  such  places  throughout  the  State 
as  the  commission  may  determine.  Any  society,  organization  or 
association  having  a fair  ground  and  entitled  to  an  apportion- 
ment of  state  moneys  under  sections  310  and  311  of  the  agri- 
cultural law,  shall,  upon  the  request  of  the  commission,  allow 
the  use  of  its  grounds,  or  part  thereof,  for  any  such  camp,  when 
the  grounds  are  not  needed  for  its  own  purposes,  unless  previously 
leased  to  other  parties;  and  if  any  such  society,  association  or 
organization  shall  refuse  to  allow  the  use  of  its  grounds  as  above 
provided,  the  moneys  otherwise  due  to  it  under  such  law  shall 
be  withheld  each  year  in  which  such  refusal  occurs.  Such  field 
training  shall  be  given  annually,  during  the  summer  months,  and 
shall  for  each  detachment  of  boys  cover  a period  of  not  less  than 
two  or  more  than  four  weeks,  as  the  commission  may  determine. 
Such  camps  and  the  training  and  discipline  thereat  shall  be  under 
the  direction  and  charge  of  the  commission.  The  major  general 
commanding  the  national  guard  shall  detail  for  service  at  such 
camps,  such  number  of  officers  and  enlisted  men  of  the  national 
guard  and  naval  militia  as  may  be  required  by  the  commission. 
Such  officers  and  enlisted  men,  during  such  detail  shall  receive 
pay,  subsistence  and  transportation  as  authorized  in  this  chapter 
and  the  regulations  issued  thereunder  for  officers  and  enlisted  men 
of  their  grades  and  length  of  service  on  duty  under  orders  of 
the  major  general,  commanding  the  national  guard.  \ Amended 
by  L.  1918,  ch.  470.] 


216 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 29  General  powers  and  duties  of  the  commission. 

The  commission  in  addition  to  the  powers  elsewhere  in  this  article 
conferred  on  it  shall  have  power  to 

1 Provide  for  the  observation  and  inspection  of  the  work  and 
methods  prescribed  under  the  provisions  of  this  article,  or  under 
the  provisions  of  the  Education  Law  relating  to  instruction  in 
physical  training  prescribed  after  conference  with  the  commission. 

2 Prescribe  the  powers  and  duties  of  the  inspection  of  physical 
training. 

3 Pegulate  the  duties  of  clerical  and  other  assistants  and  em- 
ployees of  the  commission. 

4 Prescribe  rules  and  regulations  for  compulsory  attendance 
during  the  periods  of  military  training  provided  in  this  article. 

5 Pegulate  individual  exemptions  from  prescribed  military 
training. 

6.  Maintain,  and  cooperate  with  the  colleges  in  the  State  or 
the  federal  authorities  in  maintaining  courses  of  instruction  for 
male  teachers  and  physical  instructors  and  others  who  volunteer 
and  are  accepted  by  the  commission. 

7 Make  regulations  and  rules  for  fully  carrying  into  effect 
the  provisions  of  this  article. 

§ 29-a  State  military  property,  including  armor- 
ies, may  be  used.  The  authorities  in  charge  of  armories  shall, 
upon  the  application  of  the  Military  Training  Commission,  allow 
the  use  of  any  armory  of  the  national  guard  and  naval  militia 
for  the  conduct  of  military  drills  provided  for  by  this  article, 
when  such  armory  is  not  then  required  for  the  use  of  the  national 
guard  or  naval  militia,  and  shall  authorize  the  temporary  use 
by  boys  for  whom  military  instruction  is  provided  as  prescribed 
in  this  article,  for  the  purpose  of  such  drills,  of  arms  and  other 
equipment  of  the  national  guard  and  naval  militia,  belonging  to 
the  State,  not  then  required  for  the  use  of  the  national  guard  or 
naval  militia,  and  of  arms  and  other  equipment  which  may  have 
been  rendered  obsolete  and  unserviceable  and  which  may  be  re- 
tained and  issued  for  such  purpose,  under  such  rules  and  regula- 
tions as  the  proper  military  authorities  may  prescribe.  The 
military  authorities  of  the  State  are  authorized  and  empowered 
to  loan  to  the  Military  Training  Commission  such  military  prop- 
erty as  may  be  necessary  in  the  organization  and  maintenance  of 
field  training  camps,  and  to  carry  out  the  provisions  of  this 
article.  [Amended  by  L.  1918 , ch.  1/.70.] 

§ 29-b  Use  of  school  buildings.  The  school  authorities 


education  law 


217 


throughout  the  State  are  authorized  to  permit  the  use  of  school 
buildings  and  school  grounds  for  the  purpose  of  carrying  out  the 
provisions  of  this  article. 

§ 29-c  Expenses  of  detailed  officers  and  men.  The 

expenditures  authorized  to  be  made  by  this  article  to  officers  and 
enlisted  men  of  the  national  guard  detailed  as  therein  authorized 
shall  be  paid  from  funds  appropriated  to  carry  out  the  provisions 
of  this  article. 

§ 29-d  Definitions;  article  not  applicable  to  cer- 
tain schools.  The  expression  u school  authorities  ” as  used  in 
this  article  shall  be  construed  to  have  the  same  meaning  and  effect 
as  is  given  to  such  expression  in  the  Education  Law.  “ Secondary 
schools  ” mean  schools  for  “ secondary  education,”  as  defined  in 
such  law,  to  the  extent  that  they  provide  such  education.  None 
of  the  provisions  of  this  article  shall  apply  to  any  agricultural 
college  in  any  institution  in  this  State  which  receives  the  benefits 
of  the  act  of  congress  of  July  2,  1862,  provided  for  instruction 
in  agriculture,  the  mechanic  arts,  and  military  training,  and  in 
which  instruction  in  military  tactics  is  now  required  of  pupils, 
nor  shall  it  apply  to  pupils  therein. 

§ 2 The  sum  of  one  hundred  thousand  dollars  ($100,000),  or 
so  much  thereof  as  may  be  necessary,  is  hereby  appropriated  to 
carry  out  the  provisions  of  this  act,  which  sum  shall  be  expended 
under  the  direction  of  the  Military  Training  Commission  for  its 
expenses,  the  salary  of  assistants,  clerical  hire,  pay  and  expenses 
of  detailed  officers  and  enlisted  men  of  the  national  guard  and 
naval  militia,  compensation  of  teachers  and  instructors  assigned 
from  schools  and  colleges  for  conducting  military  training,  and 
the  cost  of  maintaining  training  camps. 

ARTICLE  26-B 

[Added  by  L.  1917,  oh.  210,  in  effect  April  19,  1917] 

Section  700  Instruction  in  the  humane  treatment  of  animals  and  birds 

§ 700  Instruction  in  the  humane  treatment  of  ani- 
mals and  birds.  The  officer,  board  or  commission  authorized 
or  required  to  prescribe  courses  of  instruction  shall  cause  instruc- 
tion to  be  given  in  every  elementary  school  under  state  control 
or  supported  wholly  or  partly  by  public  money  of  the  State,  in  the 
humane  treatment  and  protection  of  animals  and  birds  and  the 
importance  of  the  part  they  play  in  the  economy  of  nature.  Such 
instruction  shall  be  for  such  period  of  time  during  each  school 


218  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

year  as  the  Board  of  Kegents  may  prescribe  and  may  be  joined 
with  work  in  literature,  reading,  language,  nature  study  or  j 
ethnology.  Such  weekly  instruction  may  be  divided  into  two  j 
or  more  periods.  A school  district  shall  not  be  entitled  to  par-  ! 
ticipate  in  the  public  school  money  on  account  of  any  school  or  1 
the  attendance  at  any  school  subject  to  the  provisions  of  this  | 
section,  if  the  instruction  required  hereby  is  not  given  therein.  , 
The  Commissioner  of  Education  shall,  pursuant  to  this  act,  cause 
the  consideration  of  the  humane  treatment  of  animals  and  birds 
to  be  included  in  the  program  of  teachers’  institutes.  [Added  \ 
by  L . 1917 j ch.  210 , in  effect  April  19,  1917.] 

ARTICLE  26-C 

[Article  added  by  L.  1918,  ch.  21fl,  in  effect  April  11,  1918 ] 

Instruction  in  Patriotism  and  Citizenship 

Section  705  Courses  of  instruction  in  patriotism  and  citizenship 

706  Rules  prescribing  courses;  inspection  and  supervision;  enforce- 
ment 

§ 705  Courses  of  instruction  in  patriotism  and 
citizenship.  In  order  to  promote  a spirit  of  patriotic  and 
civic  service  and  obligation  and  to  foster  in  the  children  of  the 
State  moral  and  intellectual  qualities  which  are  essential  in  pre- 
paring to  meet  the  obligations  of  citizenship  in  peace  or  in  war, 
the  Regents  of  The  University  of  the  State  of  New  York  shall  pre- 
scribe courses  of  instruction  in  patriotism  and  citizenship,  to  be 
maintained  and  followed  in  all  the  schools  of  the  State.  The 
boards  of  education  and  trustees  of  the  several  cities  and  school 
districts  of  the  State  shall  require  instruction  to  be  given  in  such 
courses,  by  the  teachers  employed  in  the  schools  therein.  All 
pupils  attending  such  schools,  over  the  age  of  eight  years,  shall 
attend  upon  such  instruction. 

Similar  courses  of  instruction  shall  be  prescribed  and  main-' 
tained  in  private  schools  in  the  State,  and  all  pupils  in  such 
schools  over  eight  years  of  age  shall  attend  upon  such  courses. 1 
If  such  courses  are  not  so  established  and  maintained  in  a private 
school,  attendance  upon  instruction  in  such  school  shall  not  be 
deemed  substantially  equivalent  to  instruction  given  to  pupils  of 
like  age  in  the  public  schools  of  the  city  or  district  in  which  such 
pupils  reside.  [Added  by  L.  1918 , ch.  21/.1 , in  effect  April  17, 
1918.] 


EDUCATION  LAW 


219 


§ 706  Rules  prescribing  courses;  inspection  and 
supervision;  enforcement.  The  Regents  of  The  University 
of  the  State  of  New  York  shall  determine  the  subjects  to  be 
included  in  such  courses  of  instruction  in  patriotism  and  citizen- 
ship, and  the  period  of  instruction  in  each  of  the  grades  in  such 
subjects.  They  shall  adopt  rules  providing  for  attendance  upon 
such  instruction  and  for  such  other  matters  as  are  required  for 
carrying  into  effect  the  objects  and  purposes  of  this  article.  The 
Commissioner  of  Education  shall  he  responsible  for  the  enforce- 
ment of  this  article  and  shall  cause  to  be  inspected  and  supervise 
the  instruction  to  be  given  in  such  subjects.  The  Commissioner 
may,  in  his  discretion,  cause  all  or  a portion  of  the  public  school 
money  to  he  apportioned  to  a district  or  city  to  he  withheld  for 
failure  of  the  school  authorities  of  such  district  or  city  to  provide 
instruction  in  such  courses  and  to  compel  attendance  upon  such 
instruction,  as  herein  prescribed,  and  for  a noncompliance  with 
the  rules  of  the  Regents  adopted  as  herein  provided.  [Added  by 
L.  1918 , ch . 21fl,  in  effect  April  17 , 1918.] 

ARTICLE  27 
The  Flag* 

Section  710  Purchase  and  display  of  flag 

711  Rules  and  regulations 

712  Commissioner  of  Education  shall  prepare  program 

713  Military  drill  excluded 

§ 710  Purchase  and  display  of  flag.  It  shall  be  the 
duty  of  the  school  authorities  of  every  public  school  in  the  several 
cities  and  school  districts  of  the  State  to  purchase  a United  States 
flag,  flag-staff  and  the  necessary  appliances  therefor,  and  to  dis- 
play such  flag  upon  or  near  the  public  school  building  during 
school  hours,  and  at  such  other  times  as  such  school  authorities 
may  direct. 

§ 711  Rules  and  regulations.  The  said  school  author- 
ities shall  establish  rules  and  regulations  for  the  proper  custody, 
care  and  display  of  the  flag,  and  when  the  weather  will  not 
permit  it  to  be  otherwise  displayed,  it  shall  he  placed  conspic- 
uously in  the  principal  room  in  the  schoolhouse. 

§ 712  Commissioner  of  Education  shall  prepare 
program.  1 It  shall  be  the  duty  of  the  Commissioner  of  Edu- 
cation to  prepare,  for  the  use  of  the  public  schools  of  the  State, 
a program  providing  for  a salute  to  the  flag  and  such  other  patri- 


220 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


otic  exercises  as  may  be  deemed  by  him  to  be  expedient,  undei 
such  regulations  and  instructions  as  may  best  meet  the  variec 
requirements  of  the  different  grades  in  such  schools. 

2 It  shall  also  be  his  duty  to  make  special  provision  for  tin 
observance  in  the  public  schools  of  Lincoln’s  birthday,  Washing; 
ton’s  birthday,  Memorial  day  and  Flag  day,  and  such  other  lega 
holidays  of  like  character  as  may  be  hereafter  designated  by  lav 
when  the  Legislature  makes  an  appropriation  therefor. 

§ 713  Military  drill  excluded.  Nothing  herein  con 
tained  shall  be  construed  to  authorize  military  instruction  or  dril 
in  the  public  schools  during  school  hours. 

ARTICLE  28 

Fire  Drills 

Section  730  Duty  to  maintain  drills 

731  Penalty  for  neglect 

732  Duty  to  instruct  teachers 

733  Not  applicable  to  colleges  or  universities 

§ 730  Duty  to  maintain  drills.  It  shall  be  the  duty  o: 
the  principal  or  other  person  in  charge  of  every  public  or  privah 
school  or  educational  institution  within  the  State,  having  mor< 
than  one  hundred  pupils,  or  maintained  in  a building  two  o: 
more  stories  high  to  instruct  and  train  the  pupils  by  means  o: 
drills,  so  that  they  may  in  a sudden  emergency  be  able  to  leav< 
the  school  building  in  the  shortest  possible  time  and  without  con 
fusion  or  panic.  Such  drills  or  rapid  dismissals  shall  be  held  a 
least  once  in  each  month. 

§ 731  Penalty  for  neglect.  Neglect  by  any  principa 

or  other  person  in  charge  of  any  public  or  private  school  of 
educational  institution  to  comply  with  the  provisions  of  this 
article  shall  be  a misdemeanor  punishable  at  the  discretion  of  th( 
court  by  fine  not  exceeding  fifty  dollars;  such  fine  to  be  paid  t( 
the  pension  fund  of  the  local  fire  department  where  there  is  sue! 
a fund. 

§ 732  Duty  to  instruct  teachers.  It  shall  be  the  dut} 

of  the  board  of  education  or  school  board  or  other  body  having 
control  of  the  schools  in  any  district  or  city  to  cause  a copy  of  this 
article  to  be  printed  in  the  manual  or  handbook  prepared  for  the 
guidance  of  teachers,  where  such  manual  or  handbook  is  in  use 
or  may  hereafter  come  into  use. 

§ 733  Not  applicable  to  colleges  or  universities 
The  provisions  of  this  article  shall  not  apply  to  colleges  or  uni- 
versities. 


education  law 


221 


ARTICLE  29 
Arbor  Day 

Section  750  Arbor  Day 

751  Manner  of  observance 

752  Prescribed  course  of  exercises 

§ 750  Arbor  Day.  The  Commissioner  of  Education  shall 
designate  by  proclamation,  annually,  the  day  to  be  observed  as 
Arbor  Day.  [ Amended  by  L.  1916,  ch.  220. \ 

§ 751  Maimer  of  observance.  It  shall  be  the  duty 
of  the  authorities  of  every  public  school  in  this  State  to  assemble 
the  pupils  in  their  charge  on  that  day  in  the  school  building,  or 
elsewhere,  as  they  may  deem  proper,  and  to  provide  for  and  con- 
duct, under  the  general  supervision  of  the  city  superintendent  or 
the  school  commissioner,  or  other  chief  officers  having  the  general 
oversight  of  the  public  schools  in  each  city  or  district,  such  exer- 
cises as  shall  tend  to  encourage  the  planting,  protection  and 
^reservation  of  trees  and  shrubs,  and  an  acquaintance  with  the 
>est  methods  to  be  adopted  to  accomplish  such  results. 

§ 752  Prescribed  course  of  exercises.  The  Commis- 
uoner  of  Education  may  prescribe  from  time  to  time  a course  of 
exercises  and  instruction  in  the  subjects  hereinbefore  mentioned, 
vhich  shall  be  adopted  and  observed  by  the  public  school  authori- 
ses on  Arbor  Day.  Upon  receipt  of  copies  of  such  course  suffi- 
:ient  in  number  to  supply  all  the  schools  under  their  supervision, 
he  school  commissioner  or  city  superintendent  aforesaid  shall 
)romptly  provide  each  of  the  schools  under  his  charge  with  a 
:opy,  and  cause  it  to  be  observed. 

ARTICLE  30 

Teachers  Institute 

lection  770  Duties  of  Commissioner  of  Education  regarding  teachers  insti- 
tutes 

771  Duties  of  school  commissioners 

772  Schools  must  be  closed 

773  Penalty  for  failure  to  attend  or  to  close  schools 

774  Teachers  must  attend;  entitled  to  salaries 

775  Payment  of  expenses 

776  Compensation  and  expenses  of  teachers  attending  institute  oi 

conference 


222 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 770  Duties  of  Commissioner  of  Education  re- 
garding teachers  institutes.  It  shall  be  the  duty  of  the 
Commissioner  of  Education: 

1 To  appoint  a teachers  institute  once  in  each  year  in  each 
school  commissioner  district  of  the  State,  for  the  benefit  and  ■ 
instruction  of  the  teachers  in  the  public  schools,  and  of  such  as 
intend  to  become  teachers,  with  special  reference  to  the  presenta- 
tion of  subjects  relating  to  the  principles  of  education  and  methods 
of  instruction  in  the  various  branches  of  study  pursued  in  the 
schools.  After  consultation  with  the  school  commissioners,  the 
said  Commissioner  of  Education  shall  have  power  to  determine 
the  duration  of  each  institute  and  to  designate  the  time  and  place  i 
of  holding  the  same. 

2 To  employ  suitable  persons,  at  a reasonable  compensation,  to 
supervise  and  conduct  the  institutes,  and,  in  his  discretion,  to  pro- 
vide for  such  additional  instruction  as  he  may  deem  advisable  and 
for  the  best  interests  of  the  schools. 

3 To  appoint  in  his  discretion  an  institute  for  two  or  more 
school  commissioner  districts. 

4 To  establish  such  regulations  for  the  government  of  insti- 
tutes as  he  may  deem  best;  and  he  may  establish  such  regulations 
in  regard  to  certificates  of  qualification  or  recommendation  which 
may  be  issued  by  school  commissioners  as  will,  in  his  judgment, 
furnish  incentives  and  encouragement  to  teachers  to  attend  the 
institutes. 

5 To  visit  the  institutes,  or  cause  them  to  be  visited  by  rep- 
resentatives of  the  Education  Department,  for  the  purpose  of  ex- 
amining into  the  course  and  character  of  instruction  given,  and 
of  rendering  such  assistance  as  he  may  find  expedient. 

§ 771  Duties  of  school  commissioners.  It  shall  be 
the  duty  of  every  school  commissioner,  subject  always  to  the 
advice  and  direction  of  the  Commissioner  of  Education: 

1 To  notify  all  teachers,  trustees,  boards  of  education  and 
others  known  to  him  who  may  desire  to  become  teachers  under 
his  jurisdiction,  of  the  time  when  and  the  place  where  the  insti- 
tute will  be  held. 

2 To  make  all  necessary  arrangements  for  holding  the  institute 
when  appointed;  see  that  a suitable  room  is  provided;  attend  to 
all  necessary  details  connected  therewith ; assist  the  conductor  in 
organization;  keep  a record  of  all  teachers  in  attendance  and 
notify  the  trustees  of  the  number  of  days  attended  by  the  teachers 


EDUCATION  LAW 


223 


of  the  various  districts,  which  shall  be  the  basis  of  pay  to  such 
teacher  for  attendance  as  hereafter  provided. 

3 To  transmit  to  the  Commissioner  of  Education  at  the  close 
of  each  institute,  in  such  form,  and  within  such  time,  as  such 
commissioner  shall  prescribe,  a full  report  of  the  institute,  in- 
cluding a list  of  all  teachers  in  attendance,  the  number  of  days 
attended  by  each  teacher,  with  such  other  information  as  may  he 
required. 

4 To  present  a full  statement  of  all  expenses  incurred  by  him 
in  carrying  on  the  institute,  with  vouchers  for  all  expenditures 
made,  accompanying  the  same  by  an  affidavit  of  the  correctness 
of  statements  made  and  of  accounts  presented. 

§ 772  Schools  must  be  closed.  1 All  schools  in  school 
districts  and  parts  of  school  districts  within  any  school  commis- 
sioner districts  wherein  an  institute  is  held,  not  included  within 
the  boundaries  of  an  incorporated  city,  except  as  herein  provided, 
shall  be  closed  during  the  time  such  institute  shall  he  in  session. 

2 The  closing  of  a school  within  the  school  commissioner  dis- 
trict wherein  an  institute  shall  be  held,  at  which  a teacher  has 
attended,  shall  not  work  a forfeiture  of  the  contract  under  which 
such  teacher  was  employed. 

3 In  all  districts  having  a population  of  more  than  five  thou- 
sand, and  employing  a superintendent  whose  time  is  exclusively 
devoted  to  the  supervision  of  the  schools  therein,  the  schools  may 
be  closed  or  not  at  the  option  of  the  boards  of  education  in  such 
districts. 

§ 773  Penalty  for  failure  to  attend  or  to  close 
schools.  Wilful  failure  on  the  part  of  a teacher  to  attend  a 
teachers  institute  as  required,  shall  he  sufficient  cause  for  the 
revocation  of  such  teacher’s  license,  and  a wilful  failure  on  the 
part  of  trustees  to  close  their  schools  during  the  holding  of  an 
institute  as  required,  shall  he  sufficient  cause  for  withholding  the 
public  moneys  to  which  such  districts  would  otherwise  be  entitled. 

§ 774  Teachers  must  attend;  entitled  to  salaries. 
1 Any  person  under  contract  to  teach  in  a school  in  any  commis- 
sioner district,  is  required  to  attend  an  institute  if  one  is  held  for 
that  district,  even  though  at  the  time  of  such  institute  the  school 
is  not  in  session,  and  shall  be  entitled  to  receive  full  salary  for 
the  actual  time  in  attendance  at  such  institute. 

2 The  trustees  of  every  school  district  are  hereby  directed  to 
give  the  teachers  employed  in  their  district  the  whole  of  the  time, 


224 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


while  an  institute  for  the  school  commissioner  district  in  which 
their  school  is  located  is  in  session,  for  attendance  thereat  and 
shall  make  no  deduction  whatever  from  the  salaries  of  such 
teachers  for  the  time  so  spent. 

§ 775  Payment  of  expenses.  The  treasurer  shall  pay, 
on  the  warrant  of  the  Comptroller,  to  the  order  of  any  one  or 
more  of  the  school  commissioners,  such  sum  of  money  as  the  Com- 
missioner of  Education  shall  certify  to  he  due  to  them  for  expenses 
in  holding  a teachers  institute;  and  upon  the  like  warrant  and 
certificate  shall  pay  to  the  order  of  any  persons  employed  by  the 
Commissioner  of  Education  as  additional  instructors  to  conduct, 
instruct,  teach  or  supervise  any  such  teachers  institute. 

§ 776  Compensation  and  expenses  of  teachers  at- 
tending institute  or  conference.  A public  school  teacher 
under  contract  to  teach  in  a public  school  who  is  required  pur- 
suant to  law  or  a regulation  of  the  State  Department  of  Education 
to  attend  an  institute  or  conference  held  at  a place  other  than 
that  in  which  the  school  is  located,  in  addition  to  his  or  her  regular 
salary,  shall  he  paid  the  sum  of  one  dollar  for  each  day  or  part 
of  a day  actually  spent  in  attendance  at  such  institute  or  con- 
ference, and  ten  cents  a mile  for  each  mile  necessarily  traveled 
in  going  to  and  returning  therefrom.  The  teacher  shall  he  paid 
the  foregoing  sums  by  the  district  in  which  he  or  she  is  under 
contract  to  teach  in  the  first  order  drawn  after  the  institute  or 
conference  and  in  the  annual  report  of  the  trustees  of  such  dis- 
trict the  amount  or  amouts  so  paid  shall  he  included  therein  and 
the  same  shall  be  repaid  to  the  district  out  of  the  moneys  appro- 
priated for  the  support  of  common  schools  and  the  amount  so 
repaid  shall  be  apportioned  and  paid  to  such  district  by  the  Com- 
missioner of  Education  at  the  same  time  and  in  the  same  manner 
as  other  public  school  moneys  are  apportioned  and  paid  to  such 
district-  [Added  by  L.  1919 , ch.  109 , in  effect  March  27,1919.] 

ARTICLE  31 
Training'  Classes 

Section  790  Designation  of  schools  for  classes 

791  Regulations  for  classes 

792  Instruction  free 

793  School  commissioners  shall  supervise  and  examine  classes;  teach- 

ers certificates 

794  Teachers  training  schools  or  classes  under  superintendents  of 

schools 


EDUCATION  LAW 


225 


§ 790  Designation  of  schools  for  classes.  The  Com- 
missioner of  Education  shall  designate  the  academies  and  union 
free  schools  in  which  training  classes  may  be  organized  to  give  in- 
struction in  the  science  and  practice  of  common  school  teaching. 
Such  classes  shall  be  distributed  among  the  academies  and  high 
schools  of  the  several  school  commissioner  districts  of  the  State 
and  consideration  shall  he  given  to  the  number  of  school  districts 
in  each  and  the  location  and  character  of  the  institution  designated. 

§ 791  Regulations  for  classes.  1 Every  academy 
and  union  school  so  designated  shall  instruct  a training  class  of 
not  less  than  ten  nor  more  than  twenty-five  scholars,  and  every 
scholar  admitted  to  such  class  shall  continue  under  instruction 
not  less  than  thirty-six  weeks. 

2 Whenver  it  shall  be  shown  to  the  satisfaction  of  the  Com- 
missioner of  Education  that  any  pupil  attending  such  classes  has 
been  prevented  from  attending  the  same  for  the  full  term  of  thirty- 
six  weeks,  or  that  for  any  reason  satisfactory  to  such  Commis- 
sioner, said  classes  have  not  been  held  for  the  full  term  of  thirty- 
six  weeks  or  have  been  attended  by  less  than  ten  members,  such 
Commissioner  may  excuse  such  default  and  allow  to  the  trustees  of 
the  academy  or  union  free  school  in  which  said  classes  have  been 
instructed  an  equitable  allowance  proportionate  to  the  number  of 
pupils  and  period  of  instruction. 

3 The  Commissioner  shall  prescribe  the  conditions  of  admission 
to  the  classes,  the  course  of  instruction  and  the  rules  and  regula- 
tions under  which  said  instruction  shall  be  given. 

§ 792  Instruction  free.  Instruction  shall  be  free  to 
all  scholars  admitted  to  such  classes,  who  have  continued  in  them 
the  length  of  time  required  by  the  preceding  section. 

§ 793  School  commissioners  shall  supervise  classes. 
Each  class  organized  in  any  academy  or  union  school  under  ap- 
pointment by  the  Commissioner  of  Education  for  the  instruction  in 
the  science  and  practice  of  common  school  teaching,  shall  be  sub- 
ject to  the  visitation  of  the  school  commissioner  of  the  district  in 
which  such  academy  or  union  school  is  situated ; and  it  shall  be  the 
duty  of  said  school  commissioner  to  advise  and  assist  the  principals 
of  said  academies  or  union  schools  in  the  organization  and  manage- 
ment of  said  classes. 

§ 794  Teachers  training  schools  or  classes  under 
superintendents  of  schools.  The  board  of  education  or 
the  public  school  authorities  of  any  city  or  of  any  school  district 
having  a population  of  five  thousand  or  more  and  employing  a 
8 


226 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


superintendent  of  schools,  may  establish,  maintain,  direct  and 
control  one  or  more  schools  or  classes  for  the  professional  instruc- 
tion and  training  of  teachers  in  the  principles  of  education  and  in 
the  method  of  instruction  for  not  less  than  two  years. 

ARTICLE  32 

Normal  Schools;  State  Normal  College 

Section  810  Normal  schools  continued 

811  Local  boards 

812  Powers  of  local  boards 

813  Bond  of  treasurer 

814  Salary  of  secretary  and  treasurer 

815  Local  boards  shall  have  management  of  buildings  and  property 

816  Courses  of  study 

817  Teachers,  salaries  et  cetera 

818  Commissioner  may  perform  duties  of  defaulting  local  board 

819  Diplomas 

820  Requisites  for  admission;  privileges  and  duties  of  pupils 

821  Practice  departments  in  Fredonia  school 

822  Special  policemen 

823  Village  or  city  may  insure  normal  school  property 

824  Expense  of  insurance  a village  or  city  charge 

825  Deposit  of  insurance  moneys  in  bank 

826  Acceptance  of  grants  and  bequests  authorized 

827  Education  of  Indian  youth 

828  Selection  of  Indian  youth 

829  Age  of  youth  and  limit  of  time  for  support 

830  Guardians  of  youth 

831  Indian  pupils  on  equality  with  others 

832  New  York  State  Normal  College 

833  Board  of  trustees 

834  Contracts  for  the  education  of  children,  residing  in  a city  or 

district,  in  which  a state  normal  school  is  located 

§ 810  Normal  schools  continued.  The  state  normal 
schools  heretofore  established  at  Brockport,  Buffalo,  Cortland, 
Fredonia,  Geneseo,  New  Paltz,  Oneonta,  Oswego,  Plattsburg  and 
Potsdam,  are  continued. 

§ 811  Local  boards.  There  shall  continue  to  be  a local 
board  of  each  of  said  state  normal  schools,  consisting  of  not  less 
than  three  nor  more  than  thirteen  persons  and  the  members 
thereof  shall  hold  their  offices  until  removed  by  the  concurrent 
action  of  the  Chancellor  of  the  University  and  the  Commissioner 
of  Education.  A vacancy  in  any  of  said  boards  shall  be  filled  by 
appointment  by  the  Commissioner  of  Education. 


EDUCATION  LAW 


227 


§ 812  Powers  of  local  boards.  l Local  boards  shall 
have  the  immediate  supervision  and  management  of  said  schools, 
subject,  however,  to  the  general  supervision  of  the  Commissioner 
of  Education  and  to  his  direction  in  all  things  pertaining  to  the 
school.  Said  local  hoards  shall  have  power  to  appoint  one  of 
their  number  chairman,  one  secretary  and  another  treasurer  of 
the  board.  The  secretary  may  also  be  treasurer. 

2 A majority  of  each  of  said  board  shall  form  a quorum  for 
the  transaction  of  business,  and  in  the  absence  of  any  officer  of 
the  board,  another  member  may  be  appointed  pro  tempore  to  fill 
his  place  and  perform  his  duties. 

3 It  shall  be  the  duty  of  such  board  to  make  and  establish,  and 
from  time  to  time  to  alter  and  amend,  such  rules  and  regulations 
for  the  government  of  such  schools  under  their  charge,  respect- 
ively, as  they  shall  deem  best,  which  shall  be  subject  to  the 
approval  of  the  Commissioner  of  Education. 

4 They  shall  also  severally  transmit  through  the  Commissioner 
of  Education,  and  subject  to  his  approval  and  in  the  form  which 
he  directs,  a report  to  the  Legislature  on  the  first  day  of  January 
in  each  year,  showing  the  condition  of  the  school  under  their 
charge  during  the  year  next  preceding,  including,  especially,  an 
account  in  detai1  of  their  receipts  and  expenditures,  which  shall 
be  duly  verified  by  the  oath  or  affirmation  of  their  chairman  and 
secretary. 

§ 813  Bond  of  treasurer.  The  treasurer  shall  give  an 
undertaking  to  the  people  of  the  State  for  the  faithful  perform- 
ance of  his  trust  in  an  amount  fixed  by  the  Commissioner  of 
Education.  The  undertaking  shall  be  approved  by  said  Commis- 
sioner and  filed  in  the  office  of  the  Comptroller. 

§ 814  Salary  of  secretary  and  treasurer.  The  secre- 
tary and  the  treasurer  shall  each  be  paid  an  annual  salary  to  be 
fixed  by  the  local  board  with  the  approval  of  the  Commissioner  of 
Education,  but  the  aggregate  amount  of  such  salaries  shall  not 
exceed  four  hundred  dollars. 

§ 815  Local  boards  shall  have  management  of 
buildings  and  property.  The  local  boards  of  managers  of 
the  respective  normal  schools  in  this  State  shall  have  the  custody, 
keeping  and  management  of  the  grounds  and  buildings  provided 
or  used  for  the  purposes  of  such  schools,  respectively,  and  other 
property  of  the  State  pertaining  thereto,  with  power  to  protect, 
preserve  and  improve  the  same. 


228 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 816  Courses  of  study.  It  shall  be  the  duty  of  the 
Commissioner  of  Education  to  prescribe  the  courses  of  study  to  be 
pursued  in  each  of  said  schools. 

§ 817  Teaeliers,  salaries  et  cetera.  1 The  Commis- 
sioner of  Education  shall  determine  the  number  of  teachers  to  be 
employed  and  the  classification  of  each  position  in  the  State  Col- 
lege for  Teachers  and  in  each  state  normal  school  and  the  salaries 
of  such  teachers  shall  be  subject  to  the  provisions  herein  con- 
tained. The  employment  of  such  teachers  shall  also  be  subject 
to  his  approval. 

2 The  members  of  the  faculty  of  the  State  College  for  Teachers 
shall  be  classified  as  follows: 

a President. 

b Dean. 

c Professor. 

d Assistant  professor. 

e Instructor. 

/ Assistant  instructor. 

3 The  members  of  the  faculty  of  each  of  the  state  normal  and 
training  schools  shall  be  classified  as  follows: 

a Principal. 

b Head  of  department,  or  supervisor. 

c Assistant  in  department. 

d Teachers  in  charge  of  grades  of  children  in  the  elementary 
schools  of  practice  as  critic  and  model  teachers. 

4 Each  member  of  the  faculty  of  the  State  College  for  Teachers 
and  of  each  of  the  faculties  of  the  state  normal  and  training 
schools  shall  receive  an  annual  salary  to  be  paid  in  ten  equal 
payments.  The  first  payment  shall  be  made  on  the  first  day  of 
October  each  year  and  one  payment  thereafter  on  the  first  day  of 
each  month  up  to  and  including  the  first  day  of  July. 

5 Each  person  now  holding  or  hereafter  appointed  to  a position 
under  the  foregoing  classification  of  the  faculty  of  the  said  State 
College  for  Teachers  shall  receive  the  salary  provided  in  the 
annual  appropriation  bill  for  such  position,  which  salary  shall  be 
increased  annually  until  the  maximum  salary  as  hereinafter  pro- 
vided for  such  position  is  reached,  except  that  no  new  appoint- 
ment shall  be  made  at  a sr.lary  greater  than  the  minimum  salary 
hereinafter  provided  for  the  respective  position.  For  the  positions 
hereinafter  named  the  minimum  and  maximum  salaries  and  the 
annual  increases  shall  be  as  follows: 

a President,  minimum  salary,  six  thousand  dollars;  maximum 
salary,  six  thousand  dollars. 


EDUCATION  LAW 


229 


b Dean,  minimum  salary,  four  thousand  five  hundred  dol- 
lars; maximum  salary,  four  thousand  five  hundred  dollars. 

c Professor,  minimum  salary,  two  thousand  five  hundred 
dollars;  maximum  salary,  four  thousand  dollars;  annual  increase, 
two  hundred  and  fifty  dollars. 

d Assistant  professor,  minimum  salary,  one  thousand  seven 
hundred  and  fifty  dollars;  maximum  salary,  two  thousand  four 
hundred  dollars ; annual  increase,  one  hundred  and  fifty  dollars. 

e Instructor,  minimum  salary,  one  thousand  five  hundred  dol- 
lars ; maximum  salary,  one  thousand  seven  hundred  and  fifty  dol- 
lars ; annual  increase,  one  hundred  dollars. 

/ Assistant  instructor,  minimum  salary,  one  thousand  two 
hundred  dollars;  maximum  salary,  one  thousand  five  hundred 
dollars;  annual  increase,  one  hundred  dollars. 

6 Each  person  now  holding  or  hereafter  appointed  to  a position 
under  the  foregoing  classification  of  the  faculty  of  the  state  nor- 
mal and  training  schools  shall  receive  the  salary  provided  in  the 
annual  appropriation  hill  for  such  position,  which  salary  shall 
be  increased  annually  as  hereinafter  provided  except  that  no  new 
appointment  shall  be  made  at  a greater  salary  than  the  minimum 
salary  herein  provided  for  the  respective  position.  For  the  posi- 
tions hereinafter  named  the  minimum  and  maximum  salaries  and 
the  annual  increases  shall  he  as  follows : 

a Principal,  minimum  salary,  three  thousand  eight  hundred 
dollars;  maximum  salary,  four  thousand  five  hundred  dollars; 
annual  increase,  two  hundred  and  fifty  dollars.  After  the  maxi- 
mum salary  is  reached  a deduction  of  five  hundred  dollars  shall 
be  made  in  the  salary  of  a principal  for  whom  the  state  provides 
a residence. 

b Head  of  department,  or  supervisor,  minimum  salary,  two 
thousand  dollars ; maximum  salary,  three  thousand  dollars ; annual 
increase,  two  hundred  dollars. 

c Assistant  in  a department,  minimum  salary,  one  thousand 
four  hundred  dollars;  maximum  salary,  two  thousand  dollars; 
annual  increase,  one  hundred  dollars. 

d Teacher  in  charge  of  grade  as  critic  or  model  teacher, 
minimum  salary,  one  thousand  dollars;  maximum  salary,  one 
thousand  five  hundred  dollars;  annual  increase,  one  hundred 
dollars. 

The  foregoing  classifications  shall  not  apply  to  part  time 
teachers,  extension  teachers,  teachers  of  evening  classes  or  to 
teachers  in  the  summer  sessions  of  the  State  College  for  Teachers 


230 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


or  of  the  state  normal  schools.  No  person  employed  under  any 
of  the  foregoing  classifications  shall  be  entitled  to  the  annual 
increase  hereinbefore  provided  whose  service  is  not  meritorious. 

7 The  Regents  of  the  University  shall  determine  the  procedure 
by  which  a member  of  the  faculty  of  one  of  the  institutions  herein 
specified  who  has  reached  the  maximum  salary  in  his  classifica- 
tion may  be  promoted  to  the  next  higher  grade  on  evidence  of 
continued  meritorious  services;  provided,  however,  that  in  the 
State  College  for  Teachers  the  total  number  of  professors  shall  not 
be  increased  beyond  one  such  professor  for  each  sixty  full-time 
matriculated  students ; and  that  the  total  number  of  assistant  pro- 
fessors in  said  State  College  for  Teachers  shall  not  be  increased 
beyond  one  such  assistant  professor  for  each  sixty  full-time 
matriculated  students;  hut  nothing  herein  shall  he  construed  to 
affect  the  number  of  such  professors  and  assistant  professors  em- 
ployed in  such  State  College  for  Teachers  at  the  time  this  act 
shall  take  effect.  [Amended  by  L.  1918 , ch.  558 ; and  L.  1919, 

ch.  560,  in  effect  July  1,  1919.] 

§ 818  Commissioner  may  perform  duties  of  de- 
faulting local  board.  During  such  time  as  any  local  board 
shall  fail  or  refuse  to  discharge  any  duty  the  Commissioner  of 
Education  is  hereby  authorized  to  discharge  such  duty  of  such 
local  boards  or  any  of  their  officers ; and  the  acts  of  said  Com- 
missioner of  Education  in  the  premises  shall  be  as  valid  and  bind- 
ing as  if  done  by  a competent  local  board  or  its  officers,  or  with 
their  cooperation. 

§ 819  Diplomas.  The  Commissioner  of  Education  shall 
prepare  suitable  diplomas  to  be  granted  to  the  students  of  such 
school,  who  shall  have  completed  one  or  more  of  the  courses  of 
study  and  discipline  prescribed,  and  a diploma  signed  by  him, 
the  chairman  and  secretary  of  the  local  board  and  the  principal 
of  the  school,  shall  be  of  itself  a certificate  of  qualification  to 
teach  common  schools. 

§ 820  Requisites  for  admission;  privileges  and 
duties  of  pupils.  1 All  applicants  for  admission  to  a nor- 
mal school  shall  be  residents  of  this  State,  or  if  not,  they  shall 
be  admitted  only  upon  the  payment  of  such  tuition  fees  as  shall 
be,  from  time  to  time,  prescribed  by  the  Commissioner  of  Educa- 
tion. Applicants  shall  present  such  evidences  of  proficiency  or 
be  subject  to  such  examination  as  shall  be  prescribed  by  said 
Commissioner. 


EDUCATION  LAW 


231 


2 A normal  school  shall  not  receive  into  its  academic  depart- 
ment any  pupil  not  a resident  of  the  territory,  for  the  benefit  or 
advantage  of  whose  residents  the  State  has  pledged  itself  to  main- 
tain such  academic  department  unless  such  pupil  declares  it  to  be 
her  intention  to  remain  in  such  school  to  complete  the  regular 
normal  course. 

3 All  students  duly  admitted  to  the  normal  department  shall 
be  entitled  to  all  the  privileges  of  the  school,  free  from  all  charges 
for  tuition  or  for  the  use  of  books  or  apparatus,  but  every  pupil 
shall  pay  for  books  lost  by  him,  and  for  any  damage  to  books  in 
his  possession.  Any  pupil  may  be  dismissed  from  the  school 
by  the  local  board  for  immoral  or  disorderly  conduct,  or  for  neglect 
or  inability  to  perform  his  duties. 

§ 821  Practice  departments  in  Fredonia  school. 
The  local  board  of  control  of  the  state  normal  school  at  Fredonia 
shall  have  the  same  powers  and  privileges  in  respect  to  practice 
departments  as  boards  of  education,  under  subdivision  3 of 
section  310  and  section  317  of  this  chapter. 

§ 822  Special  policemen.  For  the  purpose  of  protecting 
and  preserving  such  buildings,  grounds  and  other  property,  and 
preventing  injuries  thereto,  and  preserving  order,  preventing  dis- 
turbances, and  preserving  the  peace  in  such  buildings  and  upon 
such  grounds,  the  local  boards  of  managers  of  each  of  said  normal 
schools  shall  have  power,  by  resolution  or  otherwise,  to  appoint, 
from  time  to  time,  one  or  more  special  policemen,  and  to  remove 
the  same  at  pleasure,  who  shall  be  police  officers,  with  the  same 
powers  as  constables  of  the  town  or  city  where  such  school  is 
located,  whose  duty  it  shall  be  to  preserve  order,  and  prevent  dis- 
turbances and  breaches  of  the  peace  in  and  about  the  buildings, 
and  on  and  about  the  grounds  used  for  said  school,  or  pertaining 
thereto,  and  protect  and  preserve  the  same  from  injury,  and  to 
arrest  any  and  all  persons  making  any  loud  or  unusual  noise, 
causing  any  disturbance,  committing  any  breach  of  the  peace,  or 
misdemeanor  or  any  wilful  trespass  upon  such  grounds,  or  in  or 
upon  said  buildings,  or  any  part  thereof  and  convey  such  person 
or  persons  so  arrested,  with  a statement  of  the  cause  of  the  arrest, 
before  a proper  magistrate  to  be  dealt  with  according  to  law. 

§ 823  Village  or  city  may  insure  normal  school 
property.  Each  village  and  city  in  this  State,  wherein  is 
located  a state  normal  and  training  school,  may  insure  and  keep 
insured,  the  real  and  personal  property  of  such  school  against  loss 


232  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

or  damage  by  fire,  when  the  State  refuses  to  insure,  or  keep  ade- 
quately insured,  such  property.  The  insurance  is  to  be  in  the  name 
of  the  State,  and  in  case  of  loss,  any  moneys  obtained  from  such 
insurance  are  to  be  used  and  disposed  of  the  same  as  if  the  State 
had  effected  such  insurance.  The  amount  of  insurance  to  be 
carried  shall  be  determined  by  the  municipal  authorities  of  such 
village  or  city. 

§ 824  Expense  of  insurance  a village  or  city 
charge.  The  amount  of  money  necessary  to  effect  and  con- 
tinue such  insurance  shall  be  raised  annually  by  such  village  or 
city  at  the  same  time,  and  in  the  same  manner,  as  the  ordinary 
expenses  of  the  village  or  city  are  raised. 

§ 825  Deposit  of  insurance  moneys  in  bank.  Where 
any  loss  or  damage,  against  which  insurance  exists,  occurs  to 
the  real  or  personal  property  of  any  of  the  normal  and  training 
schools  of  the  State,  the  moneys  realized  from  such  insurance 
shall  be  deposited  by  each  company  in  which  such  property  is 
insured  in  a bank  to  be  designated  by  the  State  Comptroller,  sub- 
ject to  the  check  of  the  local  board  of  managers  of  such  school, 
countersigned  by  the  State  Comptroller.  Such  moneys  shall  be 
kept  as  a separate  fund  to  the  credit  of  the  local  board  of  man- 
agers of  such  school,  and  shall  be  immediately  available  to  be 
expended  under  the  direction  of  such  local  board  of  managers, 
subject  to  the  approval  of  the  Commissioner  of  Education,  to  re- 
pair or  replace,  wholly  or  partially,  the  real  or  personal  property 
so  damaged  or  destroyed. 

§ 826  Acceptance  of  grants  and  bequests  author- 
ized. The  local  board  of  managers  of  any  state  normal  and 
training  school  of  this  State,  may  accept,  for  the  State,  by  and 
with  the  consent  of  the  Commissioner  of  Education  the  gift,  grant, 
devise  or  bequest  of  money  or  other  property,  and  to  1 apply  the 
same  to  any  purpose,  not  inconsistent  with  the  general  purposes 
of  such  school,  which  shall  be  prescribed  in  the  instrument  by 
which  such  gift,  grant,  devise  or  bequest  shall  be  made. 

§ 827  Education  of  Indian  youth.  The  State  Treas- 
urer shall  pay,  on  the  warrant  of  the  Comptroller,  on  bills  ap- 
proved by  the  Commissioner  of  Education,  from  the  general  fund, 
such  sum  as  may  be  appropriated  for  the  support  and  education  of 
Indian  youth  in  the  state  normal  schools. 

§ 828  Selection  of  Indian  youth.  The  selection  of 
such  youth  shall  be  made  by  the  Commissioner  of  Education,  from 


1 So  in  original. 


EDUCATION  LAW 


233 


the  several  Indian  tribes  located  within  this  State ; and  in  making 
such  selection  due  regard  shall  he  had  to  a just  participation  in 
the  privileges  of  this  article  by  each  of  the  said  several  tribes, 
and,  if  practicable,  reference  shall  also  be  had  to  the  population 
of  each  of  said  tribes  in  determining  such  selection. 

§ 829  Age  of  youth  and  limit  of  time  for  support. 
Such  youth  shall  not  be  under  sixteen  years  of  age,  nor  shall  any 
of  such  youth  be  supported  or  educated  at  said  normal  schools  for 
a period  exceeding  three  years. 

§ 830  Guardians  of  youth.  The  local  board  of  each 
normal  school  shall  be  the  guardians  of  such  Indian  youth,  during 
the  period  of  their  connection  with  the  school ; and  shall  pay  their 
necessary  expenses,  as  provided  in  section  827  of  this  article. 

§ 831  Indian  pupils  on  equality  with  others.  The 
Indian  pupils  selected  in  pursuance  of  this  article,  and  attending 
said  normal  schools,  shall  enjoy  the  same  privileges,  of  every  kind, 
as  the  other  pupils  attending  said  schools,  including  the  payment 
of  traveling  expenses,  not  exceeding  ten  dollars  to  each  pupil. 

§ 832  New  York  State  Normal  College.  1 The  state 
normal  school  heretofore  established  at  Albany  is  continued  under 
the  name  of  the  New  York  State  Normal  College  and  the  execu- 
tive committee  of  said  college  shall  be  known  as  the  board  of 
trustees  thereof. 

2 The  said  state  normal  college  shall  be  as  heretofore,  under 
the  supervision,  management  and  government  of  the  Commis- 
sioner of  Education  and  the  Regents  of  the  University.  The  said 
Commissioner  and  Regents  shall  from  time  to  time,  make  all 
needful  rules  and  regulations;  fix  the  number  and  compensation 
of  teachers  and  others  to  be  employed  therein ; prescribe  the  exam- 
ination and  the  terms  and  conditions  on  which  pupils  shall  be  re- 
ceived and  instructed  therein ; the  number  of  pupils  from  the  re- 
spective counties  conforming  as  nearly  as  may  be  to  the  ratio  of 
population,  and  provide  in  all  things  for  the  good  government  and 
management  of  the  said  college.  The  board  of  trustees  of  such 
college  may  appoint  a secretary  and  a treasurer  and  fix  their 
compensation.  [Subdivision  2 amended  by  L.  19 IS , ch.  511.] 

§ 833  Board  of  trustees.  1 The  board  of  trustees  hav- 
ing the  care,  management  and  government  of  said  college  shall 
consist  of  five  persons  of  whom  the  Commissioner  of  Education 
shall  be  one.  Said  Commissioner  shall  be  president  ex  officio  of 
said  board.  The  other  members  of  such  board  shall  be  appointed 
by  said  Commissioner  subject  to  the  approval  of  the  Regents. 


234 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


2 In  addition  to  the  powers  and  duties  named  herein  the  Com- 
missioner of  Education  and  the  board  of  trustees  of  said  State 
Normal  College  shall  possess  all  the  powers  and  duties  which  the 
said  Commissioner  and  the  local  boards  respectively  possess  under 
this  article  in  relation  to  state  normal  schools. 

§ 834  Contracts  for  the  education  of  children, 
residing  in  a city  or  district,  in  which  a state  normal 
school  is  located.  The  Commissioner  of  Education  is  author- 
ized to  enter  into  a contract  with  the  board  of  education 
of  a city  or  district  in  which  a state  normal  school  is 
located  for  the  education  by  the  State,  for  such  period  of  time 
as  may  be  agreed  upon,  of  all  or  part  of  the  children  of  legal  school 
age  residing  in  such  city  or  school  district.  Before  such  contract 
becomes  binding,  it  must  be  approved  by  the  Board  of  Regents. 
Such  contract  must  be  executed  in  duplicate  and  one  contract 
filed  with  the  Commissioner  of  Education  and  the  other  with  the 
State  Comptroller.  A board  of  education  in  such  a city  or  dis- 
trict is  hereby  authorized  and  empowered  to  enter  into  such  con- 
tracts with  the  said  Commissioner  of  Education  and  to  perform 
all  necessary  acts  to  carry  out  the  purposes  of  this  act.  [Added 
by  L.  1916 , ch.  315.] 

ARTICLE  33 

Fines,  Penalties,  Forfeitures  and  Costs 

Section  850  Disposition  of  fines  for  benefit  of  common  schools 

851  Report  and  payment  of  fines 

852  Disposition  of  fines  for  benefit  of  schools  of  town,  district  or  city 

853  Disposition  of  fine  in  case  of  joint  district 

854  Penalty  for  falsely  claiming  to  represent  Commissioner  of  Educa- 

tion, Regents  or  other  school  officer 

855  Forfeiture  of  amount  of  moneys  lost  by  neglect 

856  Forfeiture  of  amount  of  penalty  where  suit  is  neglected 

857  No  costs  to  plaintiffs  in  certain  cases 

858  Costs,  expenses  and  damages  a district  charge  in  certain  cases 

859  Payment  of  costs,  charges  and  expenses  by  vote  of  district 

meeting 

860  Appeal  to  county  judge 

861  Hearing  before  county  judge 

862  Duty  of  trustees  to  carry  out  order 

§ 850  Disposition  of  fines  for  benefit  of  common 
schools.  Whenever,  by  any  statute,  a penalty  or  fine  is  imposed 
for  the  benefit  of  common  schools,  and  not  expressly  of  the  common 
schools  of  a town  or  school  district,  it  shall  be  taken  to  be  for  the 
benefit  of  the  common  schools  of  the  county  within  which  the  con- 


EDUCATION  LAW 


235 


viction  is  had;  and  the  fine  or  penalty,  when  paid  or  collected, 
shall  be  paid  forthwith  into  the  county  treasury,  and  the  treasurer 
shall  credit  the  same  as  school  moneys  of  the  county,  unless  the 
county  comprise  a city  having  a special  school  act,  in  which  case 
he  shall  report  it  to  the  Commissioner  of  Education,  who  shall 
apportion  it  upon  the  basis  of  population  by  the  last  census,  be- 
tween the  city  and  the  residue  of  the  county,  and  the  portion  be- 
longing to  the  city  shall  be  paid  into  its  treasury. 

§ 851  Report  and  payment  of  fines.  Every  district 
attorney  shall  report,  annually,  to  the  board  of  supervisors,  all 
such  fines  and  penalties  imposed  in  any  prosecution  conducted 
by  him  during  the  previous  year;  and  all  moneys  collected  or 
received  by  him  or  by  the  sheriff,  or  any  other  officer,  for  or  on 
account  of  such  fines  or  penalties,  shall  be  immediately  paid  into 
the  county  treasury,  and  the  receipt  of  the  county  treasurer  shall 
be  a sufficient  and  the  only  voucher  for  such  money. 

§ 852  Disposition  of  fines  for  benefit  of  schools 
of  town,  district  or  city.  Whenever  a fine  or  penalty  is 
inflicted  or  imposed  for  the  benefit  of  the  common  schools  of  a 
town  or  school  district,  the  magistrate,  constable  or  other  officer 
collecting  or  receiving  the  same  shall  forthwith  pay  the  same  to  the 
county  treasurer  of  the  county  in  which  the  schoolhouse  is  located, 
who  shall  credit  the  same  to  the  town  or  district  for  whose  benefit 
it  is  collected.  If  the  fine  or  penalty  be  inflicted  or  imposed  for 
the  benefit  of  the  common  schools  of  a city  having  a special  school 
act,  or  of  any  part  or  district  of  a city,  it  shall  be  paid  into  the  city 
treasury. 

§ 853  Disposition  of  fine  in  case  of  joint  district. 

Whenever  a penalty  or  fine  is  imposed  upon  any  school  district 
officer  for  a violation  or  omission  of  official  duty,  or  upon  any 
person  for  any  act  or  omission  within  a school  district,  or  touch- 
ing property  or  the  peace  and  good  order  of  the  district,  and  such 
penalty  or  fine  is  declared  to  be  for  the  use  or  benefit  of  the 
common  schools  of  the  town  or  of  the  county,  and  such  school 
district  lies  in  two  or  more  towns  or  counties,  the  town  or  county 
intended  by  the  act  shall  be  taken  to  be  the  one  in  which  the 
schoolhouse,  or  the  schoolhouse  longest  owned  or  held  by  the 
district  is  at  the  time  of  such  violation,  act  or  omission. 

§ 854  Penalty  for  falsely  claiming  to  represent 
Commissioner  of  Education,  Regents  or  other  school 
officer,  It  shall  be  a misdemeanor  for  any  employee,  agent  or 
representative  of  a firm,  company  or  corporation  engaged  in 


236 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


selling,  publishing  or  manufacturing  papers,  periodicals,  books, 
maps,  charts,  school  supplies,  apparatus  or  furniture,  or  any 
other  person  engaged  or  employed  in  such  business  to  falsely 
represent  to  a board  of  trustees  or  board  of  education  of  a school 
district  or  to  a teacher  employed  in  a public  school  in  this  State 
or  to  a superintendent  of  schools  or  other  school  officer  that  he 
is  an  agent,  employee,  or  representative  of  the  Commissioner  of 
Education,  the  State  Education  Department,  the  Regents,  or  of 
any  other  school  officer. 

§ 855  Forfeiture  of  amount  of  moneys  lost  by 
neglect.  Whenever  the  share  of  school  moneys  or  any  portion 
thereof,  apportioned  to  any  town  or  school  district,  or  any  money 
to  which  a town  or  school  district  would  have  been  entitled,  shall 
be  lost,  in  consequence  of  any  wilful  neglect  of  official  duty  by 
any  school  commissioner,  town  clerk,  trustees  or  clerks  of  school 
districts,  the  officer  guilty  of  such  neglect  shall  forfeit  to  the 
town,  or  school  district  so  losing  the  same,  the  full  amount  of  such 
loss  with  interest  thereon. 

§ 856  Forfeiture  of  amount  of  penalty  where  suit 
is  neglected.  Where  any  penalty  for  the  benefit  of  a school 
district,  or  of  the  schools  of  any  school  district,  town,  school 
commissioner  district  or  county,  shall  be  incurred,  and  the  officer, 
whose  duty  it  is  by  law  to  sue  for  the  same,  shall  wilfully  and 
unreasonably  refuse  or  neglect  to  sue  for  the  same,  such  officer 
shall  forfeit  the  amount  of  such  penalty  to  the  same  use,  and  it 
shall  be  the  duty  of  his  successor  in  office  to  sue  for  the  same. 

§ 857  No  costs  to  plaintiffs  in  certain  cases.  1 In 
any  action  against  school  officers,  including  supervisors  of  towns, 
in  respect  to  their  duties  and  powers  under  this  chapter,  for  any 
act  performed  by  virtue  of  or  under  the  color  of  their  offices,  or 
for  any  refusal  or  omission  to  perform  any  duty  enjoined  by 
law,  and  which  might  have  been  the  subject  of  an  appeal  to  the 
Commissioner  of  Education,  no  costs  shall  be  allowed  to  the  plain- 
tiff, in  cases  where  the  court  shall  certify  that  it  appeared  on 
the  trial  that  the  defendants  acted  in  good  faith. 

2 The  provision  of  subdivision  1 of  this  section  shall  not 
extend  to  Suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce 
the  decisions  of  the  Commissioner  of  Education. 

§ 858  Costs,  expenses  and  damages  a district 
charge  in  certain  cases,  l Whenever  the  trustees  of  any 
school  district,  or  any  school  district  officers,  have  been  or  shall 


EDUCATION  LAW 


237 


be  instructed  by  a resolution  adopted  at  a district  meeting  to 
defend  any  action  brought  against  them,  or  to  bring  or  defend  an 
action  or  proceeding  touching  any  district  property  or  claim  of  the 
district,  or  involving  its  rights  or  interests,  or  to  continue  any 
such  action  or  defense,  all  their  costs  and  reasonable  expenses,  as 
well  as  all  costs  and  damages  adjudged  against  them,  shall  he  a 
district  charge  and  shall  he  levied  by  tax  upon  the  district. 

2 If  the  amount  claimed  by  them  be  disputed  by  a district 
meeting,  it  shall  be  adjusted  by  the  county  judge  of  any  county 
in  which  the  district  or  any  part  of  it  is  situated. 

§ 859  Payment  of  costs,  charges  and  expenses  by 
vote  of  district  meeting.  1 Whenever  such  trustees  or 
any  school  district  officer  shall  have  brought  or  defended  any 
such  action  or  proceeding,  without  any  such  resolution  of  the  dis- 
trict meeting,  and  after  the  final  determination  of  such  suit  or 
proceeding,  shall  present  to  any  regular  meeting  of  the  inhabi- 
tants of  the  district,  an  account,  in  writing,  of  all  costs,  charges 
and  expenses  paid  by  him  or  them,  with  the  items  thereof,  and 
verified  by  his  or  their  oath  or  affirmation,  and  a majority  of  the 
voters  at  such  meeting  shall  so  direct,  it  shall  be  the  duty  of  the 
trustees  to  cause  the  same  to  be  assessed  upon  and  collected  of 
the  taxable  property  of  said  district,  in  the  same  manner  as  other 
taxes  are  by  law  assessed  and  collected;  and,  when  so  collected, 
the  same  shall  be  paid  over,  by  an  order  upon  the  collector  or 
treasurer  to  the  officers  entitled  to  receive  the  same. 

2 The  provision  of  subdivision  1 of  this  section  shall  not  extend 
to  suits  for  penalties,  nor  to  suits  or  proceedings  to  enforce  the 
decisions  of  the  Commissioner  of  Education. 

§ 860  Appeal  to  county  judge.  1 Whenever  any  officer 
mentioned  in  section  859  shall  have  complied  with  the  provisions 
of  such  section  and  the  meeting  shall  have  refused  to  direct  the 
trustees  to  levy  a tax  for  the  payment  of  the  costs,  charges  and 
expenses  claimed  by  him,  such  officer  shall  immediately  give 
notice  to  such  meeting  that  he  will  appeal  to  the  county  judge  of 
the  county  in  which  such  district  is  located  from  the  refusal  of 
said  meeting  to  vote  a tax  for  the  payment  of  such  claim. 

2 Within  ten  days  after  the  refusal  of  the  meeting  to  allow 
such  claim  such  officer  shall  serve  upon  the  clerk  of  the  district 
or,  if  there  be  no  district  clerk,  upon  the  town  clerk  of  the  town 
an  itemized  statement  of  his  claim,  duly  verified,  together  with  a 
written  notice  that  on  a certain  day  named  therein  such  officer 
will  present  such  claim  to  the  county  judge  for  settlement. 


238 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


3 The  clerk  upon  whom  such  notice  and  claim  are  served  shall 
file  the  same  in  his  office  and  such  notice  and  claim  shall  be  sub- 
ject to  the  inspection  of  any  of  the  inhabitants  of  the  school 
district. 

4 The  meeting  at  which  notice  of  the  intention  of  such  officer 
to  appeal  to  the  county  judge  is  given  or  any  subsequent  district 
meeting,  duly  called,  may  appoint  one  or  more  of  the  legal  voters 
of  such  district  or  authorize  the  trustee  to  employ  counsel  to 
appear  before  the  county  judge  at  the  time  fixed  for  a hearing 
on  such  claim  and  protect  the  rights  of  the  district  upon  such 
settlement.  The  expenses  incurred  in  the  performance  of  this 
duty  shall  be  a charge  upon  the  district  and  the  trustees  upon  a 
presentation  of  the  account  of  such  expenses  with  proper  vouchers 
therefor  shall  pay  the  same  from  any  available  funds  in  the 
district  or  include  the  necessary  amount  in  a tax-list  to  be  levied 
upon  the  district. 

5 A refusal  of  the  trustees  to  levy  such  tax  for  the  payment  of 
such  expenses  shall  be  subject  to  an  appeal  to  the  Commissioner 
of  Education. 

§ 861  Hearing  before  county  judge.  1 Upon  the 

appearance  of  the  parties,  or  upon  due  proof  of  service  of  the 
notice  and  copy  of  the  account,  the  county  judge  shall  examine 
into  the  matter  and  hear  the  proofs  and  allegations  presented  by 
the  parties,  and  decide  by  order  whether  or  not  the  account,  or  any 
and  what  portion  thereof,  ought  justly  to  be  charged  upon  the  dis- 
crict,  with  costs  and  disbursements  to  such  officer. 

2 Such  costs  and  disbursements  shall  not  exceed  the  sum  of 
thirty  dollars,  and  the  decision  of  the  county  judge  shall  be  final; 
but  no  portion  of  such  account  shall  be  so  ordered  to  be  paid  which 
shall  appear  to  such  judge  to  have  arisen  from  the  wilful  neglect 
or  misconduct  of  the  claimant.  The  account  with  the  oath  of  the 
party  claiming  the  same  shall  be  prima  facie  evidence  of  the  cor- 
rectness thereof.  The  county  judge  may  adjourn  the  hearing  from 
time  to  time,  as  justice  shall  seem  to  require. 

§ 862  Duty  of  trustees  to  carry  out  order.  It  shall 
be  the  duty  of  the  trustees  of  any  school  district,  within  thirty 
days  after  service  upon  them  or  upon  the  district  clerk  of  a copy 
of  an  order  of  the  county  judge  and  notice  thereof  to  them  or  any 
two  of  them,  to  cause  the  same  to  be  entered  at  length  in  the  book 
of  record  of  said  district,  and  to  raise  the  amount  thereby  directed 
to  be  paid,  by  a tax  upon  the  district,  to  be  by  them  assessed  and 
levied  in  the  same  manner  as  a tax  voted  by  the  district. 


EDUCATION  LAW 


239 


ARTICLE  33-A 


[Added  by  L.  1917,  ch.  786,  in  effect  June  8,  19171 

Board  of  Education  in  the  Several  Cities  of  the  State 


Section  865 
866 


Board  of  education 

Board  of  education;  eligibility;  how  chosen;  term  of  office; 
vacancies 


867  Meetings  of  board  of  education 

868  Powers  and  duties  of  board  of  education 

869  Superintendent  of  schools 

870  Powers  and  duties  of  superintendent  of  schools 

871  Board  of  examiners 

872  Appointment  of  associate,  district  or  other  superintendents, 

teachers,  experts  and  other  employees;  their  salaries,  et  cetera 
872-a  Retirement  of  employees  of  board  of  education 

873  Local  school  board  districts 

874  Bonds  of  employees 

875  Buildings,  sites,  et  cetera 

876  Purchase  and  sale  of  real  property 

877  Education  budget 

878  Tax  election 

879  Bond  issue 

880  Funds;  custody  and  disbursement  of 

881  Continuation  in  office  of  boards,  bureaus,  teachers,  principals 

and  other  employees 


§ 865  Board  of  education.  1 A board  of  education  is 
hereby  established  in  each  city  of  the  State.  The  educational 
affairs  in  each  city  shall  be  under  the  general  management  and 
control  of  a board  of  education  to  consist  of  not  less  than  three 
and  not  more  than  nine  members,  to  be  chosen  as  hereinafter  pro- 
vided, and  to  be  known  as  members  of  the  board  of  education. 
The  number  of  members  on  the  board  of  education  of  each  city 
shall  be  as  follows : 

a A city  having  nine  members  or  less  on  its  board  of  education 
shall  continue  to  have  such  number  of  members  on  said  board  as 
such  board  contains  at  the  time  this  law  goes  into  effect. 

b A city  having  a population  of  one  million  or  more  shall  have 
a board  of  education  to  consist  of  seven  members. 

c In  all  other  cities  of  the  State  the  number  of  members  of  the 
board  of  education  shall  be  nine. 

2 A board  of  education  in  office  at  the  time  this  law  goes  into 
effect  except  as  hereinafter  provided  shall  continue  in  office  and 
possess  the  powers  and  duties  of  a board  of  education  under  this 
article  until  its  successor  shall  be  chosen  as  provided  herein. 


240 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


3 Except  as  otherwise  provided  in  this  act  the  provisions  of 
this  act  shall  apply  to  and  govern  the  operation  and  administra- 
tion of  the  public  school  system  and  other  educational  affairs  in 
a city  which  is  created  after  this  act  goes  into  effect.  The  authori- 
ties in  charge  of  the  operation  and  administration  of  the  schools 
and  other  educational  affairs  of  the  school  districts  included  within 
such  city  at  the  time  the  act  creating  such  city  goes  into  effect 
shall  continue  in  charge  thereof  until  the  first  Tuesday  in  May 
thereafter.  On  such  first  Tuesday  in  May  a board  of  education 
consisting  of  five  members  shall  he  elected  at  the  annual  school 
election  in  accordance  with  the  provisions  of  this  chapter.  One 
member  of  such  board  shall  be  elected  for  one  year,  one  member 
for  two  years,  one  member  for  three  years,  one  member  for  four 
years,  and  one  member  for  five  years  from  the  said  first  Tuesday 
of  May.  As  their  terms  expire  their  successors  shall  be  chosen 
for  a full  term  of  five  years.  [ Added  by  L.  1917 , ch.  786 , and 
amended  by  L.  1919 , Ch.  299,  in  effect  May  3,  1919.] 

4 In  a city  of  the  third  class,  created  or  to  be  created  by  the 
consolidation  of  two  cities  situated,  respectively,  in  two  adjoining 
counties,  in  which,  at  the  time  of  the  creation  of  such  consolidated 
city,  a school  district  shall  be  coterminous  with  the  boundaries  of 
one  such  city  and  there  shall  be  in  the  other  city  a school  district 
wholly  within  its  boundaries  but  not  coterminous  therewith,  such 
districts  shall  constitute  the  city  school  district  of  such  consoli- 
dated city,  and  the  board  of  education  thereof  shall  be  a city 
board  of  education,  within  the  meaning  of  this  article,  but  such 
board  shall  be  constituted  and  organized  as  provided  in  this  sub- 
division. The  terms  of  office  of  the  members  of  the  respective 
boards  of  education  of  the  two  districts  so  consolidated  shall 
expire  thirty  days  after  the  first  mayor  of  such  new  city  takes 
office.  Within  such  period  of  thirty  days  after  the  first  mayor 
of  such  new  city  takes  office  he  shall  appoint  a board  of  educa- 
tion for  such  consolidated  district,  to  consist  of  five  members 
whose  terms  of  office  shall  begin  thirty  days  after  such  mayor 
takes  office.  The  terms  of  office  of  the  members  of  such  board 
of  education  shall  be  respectively  one,  two,  three,  four  and  five 
years,  except  that  the  term  of  office  shall  end  on  the  first  Tuesday 
in  May  in  each  year.  As  their  terms  of  office  expire  their  suc- 
cessors shall  be  appointed  by  the  mayor  of  such  city  for  a full 
term  of  five  years  each.  [ Added  by  L.  1919,  ch.  299,  in  effect 
May  3,  1919.] 


EDUCATION  LAW 


241 


§ 866  Board  of  education;  eligibility;  how  chosen; 
term  of  office;  vacancies.  1 No  person  shall  be  eligible 
to  the  office  of  member  of  a board  of  education  who  is  not  a 
citizen  of  the  United  States  and  who  has  not  been  a resident  of 
the  city  for  which  he  is  chosen  for  a period  of  at  least  three  years 
immediately  preceding  the  date  of  his  election  or  appointment. 

2 In  a city  having  a population  of  one  million  or  more  and 
divided  into  boroughs,  there  shall  be  a board  of  education  con- 
sisting of  seven  members.  Two  members  of  such  board  shall  he 
residents  of  the  borough  having  the  largest  population,  two  shall 
be  residents  of  the  borough  having  the  second  largest  population, 
and  one  shall  he  a resident  of  each  of  the  other  boroughs  in  such 
city.  The  mayor  shall  appoint  such  members  on  the  first  Wednes- 
day in  January,  1918,  and  in  appointing  them  shall  designate  the 
terms  of  office  of  such  members  so  that  the  term  of  one  member 
shall  expire  on  the  first  Tuesday  in  May,  1919;  one  on  the  first 
Tuesday  in  May,  1920;  one  on  the  first  Tuesday  in  May,  1921; 
one  on  the  first  Tuesday  in  May,  1922 ; one  on  the  first  Tuesday 
in  May,  1923;  one  on  the  first  Tuesday  in  May,  1924;  and  one 
on  the  first  Tuesday  in  May,  1925.  Their  successors  shall  be 
chosen  for  full  terms  of  seven  years.  Thereafter,  as  vacancies 
occur  on  such  board  they  shall  be  filled  from  the  several  boroughs 
so  that  each  borough  shall  always  be  represented  on  such  board  as 
required  under  this  subdivision.  A vacancy  occurring  otherwise 
than  by  expiration  of  term  shall  be  filled  for  the  unexpired  term. 

3 In  each  city  in  which  the  law  provides,  prior  to  the  time 
this  article  goes  into  effect,  that  the  members  of  the  hoard  of 
education  shall  be  chosen  by  vote  of  the  people  at  an  election 
separate  from  the  general  or  municipal  election,  the  members  of 
the  board  of  education  of  that  city  shall  hereafter  be  elected  by 
the  voters  at  large  at  the  annual  school  election. 

4 In  each  city  in  which  the  law  provides,  prior  to  the  time 
this  article  goes  into  effect,  that  the  members  of  the  hoard  of 
education  shall  be  chosen  by  vote  of  the  people  at  a general  or 
municipal  election,  the  members  of  such  board  of  education  shall 
continue  to  be  so  chosen  by  the  voters  at  large  at  either  a general 
or  municipal  election,  or  at  both,  and  for  the  terms  prescribed 
by  such  law. 

4 -a  In  each  city  of  the  State  in  which,  under  the  laws  relative 
to  members  of  the  board  of  education  or  school  commissioners,  in 
existence  prior  to  June  8,  1917,  it  was  provided  that  such  members 
or  commissioners  comprising  the  hoard  of  education  of  such  city 


242 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


shall  be,  in  part,  appointed  by  the  common  council  of  such  city, 
and,  in  part,  elected  by  the  qualified  electors  of  commissioner 
districts  into  which  such  city  is  divided,  the  members  or  commis- 
sioners comprising  such  board  of  education  shall  continue  to  be 
appointed  by  the  common  council,  or  elected  by  such  commissioner 
districts,  in  the  manner  and  for  the  terms  prescribed  by  such 
laws,  and  so  much  of  the  said  laws  as  pertains  to  the  number  of 
members  of  the  board  of  education  of  such  city,  the  division  of 
the  city  into  commissioner  districts,  the  election  of  commissioners 
or  members  of  the  board  by  the  qualified  electors  of  such  dis- 
tricts, and  the  appointment  of  other  members  or  commissioners 
for  the  city  at  large  by  the  common  council  of  such  city,  shall 
remain  in  full  force  effect  notwithstanding  the  provisions  of  the 
section  hereby  amended.  The  provisions  of  article  7-a  of  this 
chapter,  as  added  by  chapter  791  of  the  Laws  of  1917,  which 
pertain  to  the  date  of  school  elections  in  cities,  qualifications  of 
electors,  the  places  of  holding  elections,  notices  of  elections,  the 
preparation  of  poll  lists  and  the  correction  therefor,  the  inspectors 
of  election  and  the  organization  of  the  boards  of  inspectors  in 
election  districts,  the  nomination  of  candidates  for  members  of 
the  board  and  the  ballots  containing  the  names  of  such  candidates, 
the  conduct  of  elections,  the  canvass  of  votes,  return  to  the  board 
of  education  and  declaration  of  results,  and  the  use  of  voting 
machines,  shall  apply,  so  far  as  may  be,  to  the  election  of  the 
members  of  the  board  of  education  in  such  city  by  the  qualified 
electors  of  commissioner  districts  established  as  provided  by  law. 
[ Added  by  L.  1919 , ch.  106,  in  effect  March  27,  1919.] 

5 In  each  other  city  of  the  State  members  of  the  board  of 
education  shall  be  appointed  from  the  city  at  large  by  the  mayor 
except  as  otherwise  provided  herein,  but  in  a city  having  a popu- 
lation of  four  hundred  thousand  or  more  and  less  than  one  million, 
such  appointments  shall  be  subject  to  confirmation  by  the  council. 
The  members  of  the  board  of  education  in  a city  having  a popula- 
tion of  four  hundred  thousand  or  more  and  less  than  one  million 
shall  be  appointed  by  the  mayor  on  January  15,  1918,  subject  to 
confirmation  by  the  council,  for  terms  of  one,  two,  three,  four  and 
five  years  from  the  first  Tuesday  in  May,  1917,  and  their  succes- 
sors shall  be  appointed  as  provided  herein  for  five  years. 

6 If  the  number  of  members  on  a board  of  education  in  a city 
in  which  the  members  of  such  board  are  chosen  at  an  annual 
school,  general  or  municipal  election  exceeds  nine,  no  person  shall 


EDUCATION  LAW 


243 


be  elected  to  membership  thereon  as  vacancies  occur  until  the 
number  of  members  on  such  board  shall  be  less  than  nine. 

7 If  the  number  of  members  on  a board  of  education  in  a city 
in  which  the  members  of  such  board  are  appointed  by  the  mayor 
exceeds  nine,  the  term  of  office  of  each  member  of  such  board  shall 
cease  and  terminate  when  this  act  takes  effect,  except  as  other- 
wise provided  herein,  and  the  mayor  in  each  of  such  cities  shall 
thereupon  appoint  a board  of  education  to  consist  of  nine  mem- 
bers. Such  members  shall  be  appointed  for  the  following  terms : 
two  members  to  serve  until  the  first  Tuesday  in  May,  1918;  two 
to  serve  until  the  first  Tuesday  in  May,  1919 ; two  until  the  first 
Tuesday  in  May,  1920 ; two  until  the  first  Tuesday  in  May,  1921, 
and  one  until  the  first  Tuesday  in  May,  1922.  As  their  terms 
expire,  their  successors  shall  be  chosen  for  a full  term  of  five  years. 

8 The  persons  either  elected  or  appointed  to  membership  for 
a full  term  on  a board  of  education,  and  their  successors  in  office, 
shall  be  elected  or  appointed  for  terms  of  five  years  each,  except 
as  otherwise  provided  in  this  act. 

9 In  a city  having  less  than  five  members  on  its  board  of 
education  the  term  of  office  of  such  members  shall  be  for  the 
period  of  time  specified  in  the  law  in  effect  prior  to  the  time  this 
act  goes  into  effect.  As  the  terms  of  office  of  such  members  expire 
their  successors  shall  be  chosen  for  like  terms. 

10  a When  vacancies  occur  in  a board  of  education  by  expira- 
tion of  term,  prior  to  the  first  Tuesday  in  May,  1921,  in  a city  in 
which  the  members  of  such  board  are  elected  at  the  annual  school 
election  held  on  the  first  Tuesday  in  May,  such  vacancies  shall 
be  filled  for  such  terms  that  the  terms  of  one-fifth,  or  as  near  as 
may  be,  of  all  members  of  such  board  shall  expire  on  the  first 
Tuesday  in  May,  1921,  and  annually  thereafter. 

b Where  such  vacancies  have  been  filled  by  appointment  by 
the  mayor  as  required  herein  since  June  8,  1917,  or  shall  be 
hereafter  so  filled,  the  mayor  shall  designate  the  terms  for  which 
such  persons  so  appointed  are  to  hold  office  so  that  the  terms  of 
one-fifth,  or  as  near  as  may  be,  of  the  members  of  such  board 
shall  expire  on  the  first  Tuesday  in  May,  1921  and  annually 
thereafter. 

c The  persons  so  elected  or  appointed  shall  take  office  imme- 
diately thereafter,  except  as  otherwise  provided  herein.  [ Subd . 
a amended  by  L.  1918 , ch.  252 in  effect  April  17,  1918. ] 

11  If  a vacancy  occurs  other  than  by  expiration  of  term  of 
office  in  the  office  of  a member  of  a board  of  education  in  a city 
in  which  such  members  are  elected  at  a school,  or  general,  or 


244 


THE  UNIVERSITY  OF  THE  STATE  OF-  NEW  YORK 


municipal  election,  such  vacancy  shall  be  filled  by  appointment 
by  the  mayor  until  the  next  annual  school  election  is  held,  and 
such  vacancy  shall  then  be  filled  at  such  election  for  the  unexpired 
portion  of  such  term. 

12  If  such  vacancy  occurs  in  such  office  in  a city  in  which  the 
members  of  the  board  of  education  are  appointed  by  the  mayor, 
such  vacancy  shall  be  filled  by  appointment  by  the  mayor  of  such 
city  for  the  unexpired  portion  of  such  term,  but  in  a city  having 
a population  of  four  hundred  thousand  or  more  and  less  than  one 
million,  such  appointment  shall  be  subject  to  confirmation  by  the 
council.  [ Added  by  L.  1917 , ch.  786,  in  effect  June  8,  1917 

§ 867  Meetings  of  board  of  education.  1 The 
annual  meeting  of  a board  of  education  shall  be  held  on  the  second 
Tuesday  in  May,  at  four  o’clock  in  the  afternoon,  at  which  meet- 
ing the  board  shall  select  a president  for  the  ensuing  year. 

2 Each  of  such  boards  shall  also  fix  the  day  and  hour  for 
holding  regular  board  meetings  which  shall  be  at  least  as  often 
as  once  each  month  and  shall  also  prescribe  a method  for  calling 
special  meetings  of  such  board.  [ Amended  by  L.  1918,  ch.  252, 
in  effect  April  17,  1918.\ 

§ 868  Powers  and  duties  of  board  of  education. 

Subject  to  the  provisions  of  this  chapter,  the  board  of  education 
in  a city  shall  have  the  power  and  it  shall  be  its  duty 

1 To  perform  any  duty  imposed  upon  boards  of  education  or 
trustees  of  common  schools  under  this  chapter  or  other  statutes, 
or  the  regulations  of  The  University  of  the  State  of  New  York 
or  the  Commissioner  of  Education  o far  as  they  may  be  applicable 
to  the  school  or  other  educational  affairs  of  a city,  and  not  incon- 
sistent with  the  provisions  of  this  article. 

2 To  create,  abolish,  maintain  and  consolidate  such  positions, 
divisions,  boards  or  bureaus  as,  in  its  judgment,  may  be  neces- 
sary for  the  proper  and  efficient  administration  of  its  work;  to 
appoint  a superintendent  of  schools,  such  associate,  district  and 
other  superintendents,  examiners,  directors,  supervisors,  princi- 
pals, teachers,  lecturers,  special  instructors,  medical  inspectors, 
nurses,  auditors,  attendance  officers,  secretaries,  clerks,  janitors 
and  other  employees  and  other  persons  or  experts  in  educational, 
social  or  recreational  work  or  in  the  business  management  or 
direction  of  its  affairs  as  said  board  shall  determine  necessary 
for  the  efficient  management  of  the  schools  and  other  educational, 
social,  recreational  and  business  activities ; and  to  determine  their 
duties  except  as  otherwise  provided  herein. 


EDUCATION"  LAW 


245 


3 To  have  the  care,  custody,  control  and  safekeeping  of  all 
school  property  or  other  property  of  the  city  used  for  educational, 
social  or  recreational  work  and  not  specifically  placed  by  law 
under  the  control  of  some  other  body  or  officer,  and  to  prescribe 
rules  and  regulations  for  the  preservation  of  such  property. 

4 To  purchase  and  furnish  such  apparatus,  maps,  globes, 
books,  furniture  and  other  equipment  and  supplies  as  may  be 
necessary  for  the  proper  and  efficient  management  of  the  schools 
and  other  educational,  social  and  recreational  activities  and  inter- 
ests under  its  management  and  control.  To  provide  textbooks 
or  other  supplies  to  all  the  children  attending  the  schools  of  such 
cities  in  which  free  textbooks  or  other  supplies  are  lawfully  pro- 
vided prior  to  the  time  this  act  goes  into  effect. 

5 To  establish  and  maintain  such  free  elementary  schools, 
high  schools,  training  schools,  vocational  and  industrial  schools, 
kindergartens,  technical  schools,  night  schools,  part-time  or  con- 
tinuation schools,  vacation  schools,  schools  for  adults,  open  air 
schools,  schools  for  the  mentally  and  physically  defective  chil- 
dren or  such  other  schools  or  classes  as  such  board  shall  deem 
necessary  to  meet  the  needs  and  demands  of  the  city. 

6 To  establish  and  maintain  libraries  which  may  be  open  to 
the  public,  to  organize  and  maintain  public  lecture  courses,  and 
to  establish  and  equip  playgrounds,  recreation  centers,  social 
centers,  and  reading  rooms  from  such  funds  as  the  Education 
Law  or  other  statutes  authorize  and  the  State  appropriates  for 
such  purposes,  and  from  such  other  funds  as  may  be  provided 
therefor  from  local  taxation  or  other  sources. 

7 To  authorize  the  general  courses  of  study  which  shall  be 
given  in  the  schools  and  to  approve  the  content  of  such  courses 
before  they  become  operative. 

8 To  authorize  and  determine  the  textbooks  to  be  used  in  the 
schools  under  its  jurisdiction,  but  in  a city  having  a board  of 
superintendents,  the  books  thus  authorized  and  determined  shall 
be  from  lists  recommended  by  such  board. 

9 To  prescribe  such  regulations  and  by-laws  as  may  be  neces- 
sary to  make  effectual  the  provisions  of  this  chapter  and  for  the 
conduct  of  the  proceedings  of  said  board  and  the  transaction  of 
its  business  affairs  for  the  general  management,  operation,  con- 
trol, maintenance  and  discipline  of  the  schools,  and  of  all  other 
educational,  social  or  recreational  activities  and  other  interests 
under  its  charge  or  direction. 


246 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


10  To  perform  such  other  duties  and  possess  such  other  pow- 
ers as  may  be  required  to  administer  the  affairs  placed  under  its 
control  and  management,  to  execute  all  powers  vested  in  it,  and 
to  promote  the  best  interests  of  the  schools  and  other  activities 
committed  to  its  care.  [ Added  by  L.  191 7,  ch.  786 , in  effect 
June  8 , 1917.] 

§ 869  Superintendent  of  schools,  associate  super- 
intendents, board  of  superintendents.  The  superin- 
tendent or  an  associate  superintendent  of  schools  of  a city  in 
office  when  this  article  goes  into  effect  shall  hold  his  position  for 
the  term  for  which  he  was  chosen  and  until  his  successor  is 
chosen.  A superintendent  or  associate  superintendent  appointed 
after  this  article  goes  into  effect  shall  hold  his  position  in  a city 
of  the  first  class  for  a period  of  six  years  from  the  date  of  his 
appointment  subject  to  removal  for  cause  and  in  all  other  cities 
subject  to  the  pleasure  of  the  hoard  of  education.  In  a city  hav- 
ing a population  of  one  million  or  more  there  shall  he  eight  asso- 
ciate superintendents,  and  the  superintendent  of  schools  and  such 
associate  superintendents  shall  constitute  a board  of  superintend- 
ents. The  superintendent  of  schools  shall  he  the  chairman  of 
such  board.  A superintendent  or  an  associate  superintendent 
may  vacate  his  position  by  filing  a written  resignation  with  the 
hoard  of  education.  No  person  shall  be  eligible  to  the  position 
of  superintendent  of  schools  or  associate,  district  or  other  super- 
intendent of  schools  or  a member  of  the  hoard  of  examiners  unless 
he  is 

1 A graduate  of  a college  or  university  approved  by  The 
University  of  the  State  of  New  York,  and  has  had  at  least  five 
years’  successful  experience  in  the  teaching  or  in  the  supervision 
of  public  schools  since  graduation;  or 

2 A holder  of  a superintendent’s  certificate  issued  by  the 
Commissioner  of  Education  under  regulations  prescribed  by  the 
Regents  of  The  University  of  the  State  of  New  York,  and  has 
had  at  least  ten  years’  successful  experience  in  teaching,  or  in 
public  school  administration,  or  equivalent  educational  experience 
approved  by  the  Commissioner  of  Education.  [. Added  by  L.  1917, 
ch.  786 , in  effect  June  8,  1917.] 

§ 870  Powers  and  duties  of  superintendent  of 
schools.  The  superintendent  of  schools  of  a city  shall  possess, 
subject  to  the  by-laws  of  the  hoard  of  education,  the  following 
powers  and  he  charged  with  the  following  duties: 


EDUCATION  LAW 


247 


1 To  enforce  all  provisions  of  law  and  all  rules  and  regula- 
tions relating  to  the  management  of  the  schools  and  other  educa- 
tional, social  and  recreational  activities  under  the  direction  of  the 
board  of  education,  to  be  the  chief  executive  officer  of  such  board 
and  the  educational  system,  and  to  have  a seat  in  the  board  of 
education  and  the  right  to  speak  on  all  matters  before  the  board, 
but  not  to  vote. 

2 To  prepare  the  content  of  each  course  of  study  authorized 
by  the  board  of  education,  but  in  a city  having  a board  of  super- 
intendents the  content  of  each  of  such  courses  shall  be  prepared 
and  recommended  by  the  board  of  superintendents,  submitted  to 
the  board  of  education  for  its  approval  and,  when  thus  approved, 
the  superintendent  or  board  of  superintendents,  as  the  case  may 
be,  shall  cause  such  courses  of  study  to  be  used  in  the  grades, 
classes  and  schools  for  which  they  are  authorized. 

3 To  recommend  suitable  lists  of  textbooks  to  be  used  in  the 
schools,  but  in  a city  having  a board  of  superintendents  such 
board  of  superintendents  shall  recommend  to  the  board  of  educa- 
tion such  lists. 

4 To  have  supervision  and  direction  of  associate,  district  and 
other  superintendents,  directors,  supervisors,  principals,  teachers, 
lecturers,  medical  inspectors,  nurses,  auditors,  attendance  officers, 
janitors  and  other  persons  employed  in  the  management  of  the 
schools  or  the  other  educational  activities  of  the  city  authorized 
by  this  chapter  and  under  the  direction  and  management  of  the 
board  of  education;  to  transfer  teachers  from  one  school  to 
another,  or  from  one  grade  of  the  course  of  study  to  another  grade 
in  such  course,  and  to  report  immediately  such  transfers  to  said 
board  for  its  consideration  and  action,  but  in  a city  having  a board 
of  superintendents  such  transfers  shall  be  made  upon  the  recom- 
mendation of  such  board;  to  report  to  said  board  of  education 
violations  of  regulations  and  cases  of  insubordination,  and  to  sus- 
pend an  associate,  district  or  other  superintendent,  director,  super- 
visor, expert,  principal,  teacher  or  other  employee  until  the  next 
regular  meeting  of  the  board,  when  all  facts  relating  to  the  case 
shall  be  submitted  to  the  board  for  its  consideration  and  action. 

5 To  have  supervision  and  direction  over  the  enforcement  and 
observance  of  the  courses  of  study,  the  examination  and  promo- 
tion of  pupils,  and  over  all  other  matters  pertaining  to  play- 
grounds, medical  inspection,  recreation  and  social  center  work, 
libraries,  lectures  and  all  the  other  educational  activities  and 
interests  under  the  management,  direction  and  control  of  the 


•248 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


board  of  education,  but  in  a city  having  a board  of  superintend- 
ents rules  and  regulations  for  the  promotion  and  graduation  of 
pupils  shall  be  made  by  such  board. 

6 To  issue  such  licenses  to  teachers,  principals,  directors  and 
other  members  of  the  teaching  and  supervising  staff  as  may  be 
required  under  the  regulations  of  the  board  of  education  in  cities 
in  which  such  board  requires  its  teachers  to  hold  qualifications  in 
addition  to  or  in  advance  of  the  minimum  qualifications  required 
under  this  chapter.  In  a city  having  a board  of  examiners,  such 
licenses  shall  be  issued  on  the  recommendation  of  such  board. 
[Added  by  L.  1917,  ch.  786 , in  effect  June  8,  1917.] 

§ 871  Board  of  examiners.  In  a city  having  a popula- 
tion of  one  million  or  more  there  shall  be  a board  of  examiners 
to  consist  of  four  members.  No  person  while  in  the  supervising 
or  teaching  service  in  the  city  shall  serve  on  such  board.  It  shall 
be  the  duty  of  the  board  to  hold  examinations  whenever  necessary, 
to  examine  all  applicants  who  are  required  to  be  licensed  or  to 
have  their  names  placed  upon  eligible  lists  for  appointment  in 
the  schools  in  such  city,  except  examiners,  and  to  prepare  all 
necessary  eligible  lists.  Eligible  lists  shall  not  be  merged  and  one 
eligible  list  shall  be  exhausted  before  nominations  are  made  from 
a list  of  subsequent  date.  No  eligible  lists,  except  a principals’ 
eligible  list  shall  remain  in  force  for  a longer  period  than  three 
years.  The  board  of  examiners  may  employ  temporary  assistants 
at  a compensation  fixed  by  the  board  of  education.  It  shall  per- 
form such  other  duties  as  the  board  of  education  may  require. 
[Added  by  L.  1917 , ch.  786 , in  effect  June  8,  1917.] 

§ 872  Appointment  of  district  or  other  superin- 
tendents, teachers  and  other  employees;  their  sala- 
ries, et  cetera.  1 District  superintendents,  directors,  super- 
visors, principals,  teachers  and  all  other  members  of  the  teaching 
and  supervising  staff,  except  associate  superintendents  and  exam- 
iners, authorized  by  section  868  of  this  article,  shall  be  appointed 
by  the  board  of  education,  upon  the  recommendation  ot  the  super- 
intendent of  schools,  but  in  a city  having  a board  of  superinten- 
dents on  the  recommendation  of  such  board,  for  a probationary 
period  of  not  less  than  one  year  and  not  to  exceed  three  years; 
such  period  to  be  fixed  by  the  board  of  education  in  its  discretion. 
The  service  of  a person  appointed  to  any  of  such  positions  may 
be  discontinued  at  any  time  during  such  probationary  period, 
on  the  recommendation  of  the  superintendent  of  schools,  and  in 


EDUCATION  LAW 


249 


a city  having  a board  of  superintendents  on  the  recommendation 
of  such  board,  by  a majority  vote  of  the  board  of  education. 

2 Associate  superintendents,  examiners  and  all  other  employees 
authorized  by  section  868  of  this  article,  except  as  otherwise  pro- 
vided in  subdivision  1 of  this  section,  shall  be  appointed  by  the 
board  of  education. 

3 At  the  expiration  of  the  probationary  term  of  a person 
appointed  for  such  term,  the  superintendent  of  schools,  and,  in 
a city  having  a board  of  superintendents,  such  board  shall  make 
a written  report  to  the  board  of  education  recommending  for  per- 
manent appointment  those  persons  who  have  been  found  compe- 
tent, efficient  and  satisfactory.  Such  persons  and  all  others 
employed  in  the  teaching,  examining  or  supervising  service  of 
the  schools  of  a city,  who  have  served  the  full  probationary  period, 
or  have  rendered  satisfactorily  an  equivalent  period  of  service 
prior  to  the  time  this  act  goes  into  effect  shall  hold  their  respective 
positions  during  good  behavior  and  efficient  and  competent  service, 
and  shall  not  be  removable  except  for  cause  after  a hearing  by 
the  affirmative  vote  of  a majority  of  the  board.  In  a city  in 
which  teachers  have  not  permanent  tenure  under  the  laws  in  force 
prior  to  the  time  this  act  goes  into  effect,  such  teachers  shall  be 
entitled  to  receive  permanent  appointments  after  serving  the 
probationary  period  fixed  by  the  board  of  education  as  herein 
provided. 

4 Ho  principal,  supervisor,  director,  or  teacher  shall  ' be 
appointed  to  the  teaching  force  of  a city  who  does  not  possess 
qualifications  required  under  this  chapter  and  under  the  regula- 
tions prescribed  by  the  Commissioner  of  Education  for  the  persons 
employed  in  such  positions  in  the  schools  of  the  cities  of  the  State, 
but  a board  of  education  may  prescribe  additional  or  higher  qual- 
ifications for  the  persons  employed  in  any  of  such  positions. 

5 In  a city  having  a population  of  four  hundred  thousand  or 
more,  recommendations  for  appointment  to  the  teaching  and 
supervising  service,  except  for  the  position  of  superintendent  of 
schools,  associate  superintendent  or  district  superintendent,  or 
director  of  a special  branch,  principal  of  or  teacher  in  a training 
school,  or  principal  of  a high  school,  shall  be  from  the  first  three 
persons  on  appropriate  eligible  lists  prepared  by  the  board  of 
examiners.  Eligible  lists  in  force  at  the  time  this  act  takes 
effect  and  the  relative  standing  of  persons  whose  names  are  on 
said  lists  shall  not  be  affected  by  the  passage  of  this  act.  The 
board  of  education,  on  the  recommendation  of  the  superintendent 


250 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  schools,  and  in  a city  having  a board  of  superintendents  on  the 
recommendation  of  such  board,  shall  designate,  subject  to  the 
other  provisions  of  this  chapter,  the  kind  and  grades  of  licenses 
which  shall  be  required  for  service  as  principal,  branch  principal, 
director,  supervisor  or  teacher  of  a special  branch,  head  of  depart- 
ment, assistant  or  any  other  position  of  the  teaching  staff  together 
with  the  academic  and  professional  qualifications  required  for 
each  kind  or  grade  of  license.  No  person  required  to  have  a 
license  under  the  provisions  of  this  chapter  in  order  to  be  employed 
in  a position  who  does  not  have  such  license  shall  have  any  claim 
for  salary. 

6 The  salaries  of  all  members  of  the  supervising  and  teaching 
force  and  of  all  employees  and  for  all  positions  authorized  under 
section  868  of  this  act  shall  continue  to  be  on  the  same  basis  as 
such  salaries  and  positions  are  when  this  article  goes  into  effect, 
and  such  salaries  shall  continue  to  be  regulated  and  increased  in 
the  same  manner,  by  the  same  provisions  of  law  and  under  the 
same  conditions  as  such  salaries  are  regulated  and  increased  under 
the  laws  governing  such  salaries  at  the  time  this  article  goes  into 
effect.  Kules  and  regulations  shall  be  adopted  governing  excusing 
of  absences  and  for  the  granting  of  leaves  of  absence  either  with  or 
without  pay.  [ Added  by  L.  1917,  ch.  786,  in  effect  June 
1917.] 

§ 872-a  Retirement  of  employees  of  board  of 
education.  The  board  of  education  in  a city  having  a popula- 
tion of  one  hundred  thousand  or  more  shall  have  power  to  estab- 
lish a retirement  system  for  all  civil  employees  permanently 
employed  by  said  board  other  than  superintendents  and  teachers 
who  may  now  be  retired  under  the  provisions  of  other  retirement 
laws.  The  board  of  education  of  such  city  shall  adopt  appro- 
priate rules  and  regulations  for  the  government,  management  and 
control  of  the  retirement  of  said  employees.  Before  they  become 
effective  such  rules  and  regulations  must  be  approved  by  the 
board  of  estimate  and  apportionment  in  a city  having  such  body, 
and  in  a city  not  having  such  body  by  the  common  council  or  such 
other  officers  or  bodies  as  have  the  management  and  control  of 
financial  affairs  similar  to  that  exercised  by  such  board  of  esti- 
mate and  apportionment.  The  board  of  estimate  and  apportion- 
ment in  a city  having  such  body,  and  in  other  cities  the  officers 
or  bodies  performing  the  functions  similar  to  those  of  a board  of 
'estimate  and  apportionment,  shall  appropriate  annually  the  sum 
necessary  to  pay  the  expenses  of  the  administration  of  this  act 


EDUCATION  LAW 


251 


and  to  also  pay  such  amount  to  the  employees  herein  described 
as  they  shall  be  entitled  to  receive  annually  under  the  rules  and 
regulations  prescribed  by  the  board  of  education  and  approved 
by  the  said  board  of  estimate  and  apportionment  or  other  authori- 
ties. In  no  event  shall  the  rules  and  regulations  prescribed  by 
the  board  of  education  and  approved  by  the  board  of  estimate  and 
apportionment  or  other  authorities  named  herein  provide  for  the 
annual  payment  of  a sum  to  exceed  fifty  per  centum  of  the  aver- 
age annual  salary  of  an  employee  for  the  ten  years  of  service 
immediately  preceding  his  retirement.  [ Added  by  L.  1918 , ch 

mi 

§ 873  Local  school  hoard  districts.  1 The  local 
school  board  districts  in  a city  having  a population  of  one  million 
or  more  are  hereby  continued  as  they  exist  at  the  time  this  article 
goes  into  effect  subject,  however,  to  the  provisions  contained 
herein.  The  board  of  education  of  such  city  may  modify  the 
boundaries  of  such  districts,  consolidate  two  or  more  of  such  dis- 
tricts, and  establish  new  districts. 

2 There  shall  be  in  each  of  such  districts  a local  school  board 
of  five  members  appointed  by  the  president  of  the  borough  in 
which  such  district  is  located.  The  board  of  education  shall 
designate  as  a member  of  a local  school  board  one  member  of  the 
board  of  education  and  the  city  superintendent  of  schools  shall 
assign  one  district  superintendent  to  advise  with  such  board. 

3 The  members  of  such  local  school  boards  in  office  prior  to 
the  time  this  article  goes  into  effect  shall  serve  for  the  term  for 
which  they  were  appointed.  The  full  term  of  office  of  a member 
of  such  board  shall  be  five  years.  A vacancy  on  such  board  shall 
be  filled  by  the  borough  president  for  the  unexpired  term. 

4 Subject  to  the  provisions  of  this  chapter  a local  school 
board  shall  within  its  district  have  the  power  and  it  shall  be  its 
duty  to  visit  the  schools  at  least  once  every  quarter;  to  make 
recommendations  to  the  board  of  education  with  respect  to  matters 
affecting  the  interests  of  the  schools;  subject  to  the  by-laws  of  the 
board  of  education,  to  transfer  teachers  from  school  to  school, 
to  excuse  absences  of  teachers,  to  hear  charges  against  principals 
or  teachers  and  make  recommendations  thereon  to  the  board  of 
education,  and  to  perform  such  other  duties  as  may  be  required 
under  said  by-laws;  to  provide  by-laws  regulating  the  exercise 
of  the  powers  and  duties  vested  in  it,  provided  such  by-laws  are 
not  in  conflict  with  the  by-laws  of  the  board  of  education ; to  elect 
a secretary  and  determine  his  duties.  The  secretary  is  hereby 


252 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


authorized  to  administer  oaths  and  take  affidavits  in  all  matters 
pertaining  to  the  schools  in  his  district,  in  which  a local  school 
board  has  power  to  act,  and  for  that  purpose  shall  possess  all  the 
powers  of  a commissioner  of  deeds,  but  shall  not  be  entitled  to 
any  fees  or  emoluments  thereof.  The  board  of  education  shall 
provide  for  the  expenses  of  a local  school  board  and  for  its  places 
of  meeting.  [ Added  by  L.  1911 , ch.  786 , in  effect  June  8,  1917.] 

§ 874  Bonds  of  employees.  The  board  of  estimate  and 
apportionment  of  a city  or  in  a city  having  no  board  of  estimate 
and  apportionment  the  body  or  officer  performing  the  duties  per- 
formed by  a board  of  estimate  and  apportionment  which  may  now 
legally  require  bonds  of  such  employees  may  continue  to  require 
bonds  of  such  employees  in  such  amount  as  such  hoard  of  esti- 
mate and  apportionment  or  other  body  or  officer  shall  determine. 
In  all  other  cities  bonds  may  be  required  of  such  employees  by 
the  board  of  education.  The  premiums  on  such  bonds  shall  be 
paid  by  the  city.  [Added  by  L.  1917,  ch.  786,  in  effect  June  8, 
1917.] 

§ 875  Buildings,  sites  et  cetera.  1 A board  of 
education  is  authorized  and  it  shall  have  power  to  purchase, 
repair,  remodel,  improve  or  enlarge  school  buildings  or  other 
buildings  or  sites,  and  to  construct  new  buildings,  subject  to  such 
limitations  and  restrictions  and  exceptions  as  are  herein  provided. 

2 Whenever  in  the  judgment  of  a board  of  education  it  is 
necessary  to  select  a new  site,  or  to  enlarge  a present  site,  or  to 
designate  a playground  or  recreation  center,  or  to  acquire  title 
to  or  lease  real  property  for  other  education  purposes  authorized 
by  this  chapter,  such  board  may  take  options  on  property  desirable 
for  such  purposes  but  before  taking  title  thereto  shall  pass  a 
resolution  stating  the  necessity  therefor,  describing  by  metes  and 
bounds  the  grounds  or  territory  desired  for  each  of  these  pur- 
poses, and  estimating  the  amount  of  funds  necessary  therefor. 
An  item  for  Such  amount  if  funds  are  not  available  for  the  pur- 
chase or  lease  of  such  property  may  be  included  in  the  next  annual 
budget  if  not  included  in  a special  budget  as  herein  provided. 

3 Whenever  in  the  judgment  of  a board  of  education  the  needs 
of  the  city  require  a new  building  for  school  purposes  or  for  recre- 
ation or  other  educational  purposes  authorized  by  this  chapter, 
or  when  in  its  judgment  a building  should  be  remodeled  oi 
enlarged,  such  board  shall  pass  a resolution  specifying  in  detail 
the  necessity  therefor  and  estimating  the  amount  of  funds  necesr 


EDUCATION  LAW 


253 


sary  for  such  purpose.  An  item  for  such  amount  if  funds  are 
not  available  for  the  construction  of  such  building  may  he 
included  in  the  next  annual  budget  if  not  included  in  a special 
budget  as  herein  provided. 

4 No  site  shall  be  designated  except  upon  a majority  vote  of 
a board  of  education  and  no  building  shall  be  constructed,  remod- 
eled or  enlarged  until  the  plans  and  specifications  therefor  are 
approved  by  the  board  of  education. 

5 After  a site  has  been  selected  and  plans  and  specifications 
for  a building  thereon  have  been  approved  as  provided  herein,  a 
board  of  education  in  a city  having  a population  of  more  than 
four  hundred  thousand  but  less  than  one  million  may,  in  its 
discretion,  by  regulation  deliver  such  plans  and  specifications  to 
the  council  which  may  thereupon,  in  its  discretion,  award  a con- 
tract for  the  erection  of  such  building  in  the  same  manner  and 
in  accordance  with  the  provisions  of  law  regulating  the  award- 
ing of  contracts  for  the  construction  of  municipal  buildings  of 
such  city. 

6 In  a city  of  the  second  class  in  which  the  common  council, 
the  board  of  estimate  and  apportionment  and  the  hoard  of  con- 
tract and  supply  and  the  commissioner  of  public  works  or  other 
city  officials,  or  any  one  or  more  thereof,  has  the  authority  under 
the  law  in  force  prior  to  the  time  this  act  takes  effect  to  erect, 
remodel,  improve,  or  enlarge  school  buildings  or  to  purchase  sup- 
plies or  real  property  for  any  school  purpose,  such  officers,  board 
or  boards  shall  continue  to  possess  such  powers  and  duties  and  to 
perform  such  functions. 

7 When  the  real  property  of  a city  under  the  control  and 
management  of  the  board  of  education  is  no  longer  needed  for 
educational  purposes  in  the  city,  such  board  shall  notify  the  com- 
mon council  of  such  fact  and  in  a city  having  no  common  council, 
the  council  or  the  commissioners  of  the  sinking  fund,  and  such 
common  council  or  such  council  or  such  commissioners  of  the 
sinking  fund,  as  the  case  may  be,  may  then  sell  or  dispose  of  such 
property  in  the  manner  in  which  other  real  property  owned  by 
the  city  may  be  sold  or  disposed  of  and  the  proceeds  thereof  shall 
be  credited  to  the  funds  under  the  control  and  administration  of 
the  board  of  education  in  such  city,  except  that  in  cities  where 
the  proceeds  of  such  sales  are  required  by  statute,  in  effect  prior 
to  the  time  this  article  goes  into  effect,  to  be  paid  to  the  credit 
of  the  sinking  fund  established  and  maintained  therein,  the  pro- 
ceeds of  such  sales  shall  continue  to  be  paid  to  the  credit  of  the 


254 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


sinking  fund  of  such  city  or  cities  as  required  by  statute,  and  I 
except  that  in  a city  having  a council  or  a board  of  estimate  and 
apportionment,  such  council  or  board  may,  by  resolution,  » 
authorize  the  use  of  the  proceeds  of  such  sale  for  other  municipal 
purposes, 

8 No  contract  for  the  purchase  of  supplies,  furniture,  equip-  i 
ment,  or  for  the  construction  or  the  alteration  or  remodeling  of 
any  building  shall  be  entered  into  by  a board  of  education  involv-  : 
ing  an  expenditure  or  liability  of  more  than  one  thousand  dollars  j 
unless  said  board  shall  have  duly  advertised  for  estimates  for  the 
same  and  the  contract  in  each  case  shall  be  awarded  to  the  lowest 
responsible  bidder  furnishing  the  security  as  required  by  such 
board.  [ Added  by  L.  1917 , ch.  7 86,  in  effect  June  8,  191 7.] 

§ 876  Purchase  and  sale  of  real  property.  The 
board  of  education  may  purchase  real  property  for  any  of  the 
purposes  authorized  by  law  and  shall  take  title  thereof  in  the 
name  of  the  city,  or  when  the  boundaries  of  a city  and  a city 
school  district  are  not  coterminous,  in  the  name  of  the  city  school 
district,  and  when  the  owner  of  such  property  refuses  to  sell  the 
same  or  such  board  is  unable  to  agree  with  the  owner  of  such 
property  on  the  purchase  price  thereof,  it  shall  have  the  power 
and  authority  to  institute  such  proceedings  and  take  any  action 
necessary  to  acquire  title  to  such  property  under  and  pursuant  to 
the  provisions  of  the  condemnation  law,  city  charter,  or  of  any 
special  statute  authorizing  proceedings  to  acquire  title  by  right 
to  eminent  domain,  except  that  in  a city  in  which  the  common 
council,  board  of  contract  and  supply  or  other  city  officers  or 
body  are  authorized  and  empowered  by  law  to  acquire  title  to 
real  property  for  school  purposes  under  the  laws  in  force  at  the 
time  this  act  goes  into  effect,  said  council,  board,  officers  or  body 
shall  continue  to  possess  such  powers  and  shall  exercise  the  same, 
including  the  power  to  condemn  real  property  for  said  purposes, 
under  the  provisions  of  law  relating  thereto  notwithstanding  any 
of  the  provisions  contained  in  this  act.  [ Amended  by  L.  1918, 
ch.  252 , in  effect  April  17,  1918.] 

§ 877  Annual  estimate.  1 The  board  of  education  in 
each  city  having  a population  of  less  than  one  million  shall  pre- 
pare annually  an  itemized  estimate  for  the  current  or  ensuing 
fiscal  year  of  such  sum  of  money  as  it  may  deem  necessary  for 
the  purposes  stated  in  this  section,  after  crediting  thereto  the 
amount  anticipated  in  the  next  apportionment  of  school  funds 
from  the  State  and  the  estimated  amount  to  be  received  from  all 


EDUCATION  DAW 


255 


other  sources.  Such  itemized  estimate  in  such  cities  shall  be 
filed  at  such  times  and  in  such  manner  as  city  departments  or 
officers  are  required  to  submit  estimates  for  such  departments  or 
officers.  The  board  of  education  in  each  other  city  shall  prepare 
annually  an  itemized  estimate  for  the  ensuing  fiscal  year  and 
file  the  same  on  or  before  the  first  day  of  September.  Such  esti- 
mate shall  be  for  the  following  purposes: 

a The  salary  of  the  superintendent  of  schools,  associate  dis- 
trict or  other  superintendents,  examiners,  directors,  supervisors, 
principals,  teachers,  lecturers,  special  instructors,  auditors,  medi- 
cal inspectors,  nurses,  attendance  officers,  clerks  and  janitors  and 
the  salary,  fees  or  compensation  of  all  other  employees  appointed 
or  employed  by  said  board  of  education. 

b The  other  necessary  incidental  and  contingent  expenses 
including  ordinary  repairs  to  buildings  and  the  purchase  of  fuel 
and  light,  supplies,  textbooks,  school  apparatus,  books,  furniture 
and  fixtures  and  other  articles  and  service  necessary  for  the 
proper  maintenance,  operation  and  support  of  the  schools,  libra- 
ries and  other  educational,  social  or  recreational  affairs  and  inter- 
ests under  its  management  and  direction.  The  provisions  of  this 
section  in  regard  to  the  purchase  of  light  shall  not  apply  to  a city 
having  a population  of  one  million  or  more. 

c The  remodeling  or  enlarging  of  buildings  under  its  control 
and  management,  the  construction  of  new  buildings  for  uses 
authorized  by  this  chapter  and  the  furnishing  and  equipment 
thereof,  the  purchase  of  real  property  for  new  sites,  additions  to 
present  sites,  playgrounds  or  recreation  centers  and  other  educa- 
tional or  social  purposes,  and  to  meet  any  other  indebtedness  or 
liability  incurred  under  the  provisions  of  this  chapter  or  other 
statutes,  or  any  other  expenses  which  the  board  of  education  is 
authorized  to  incur. 

2 In  a city  which  had,  according  to  the  state  census  of  1915, 
a population  of  less  than  fifty  thousand  such  estimate  shall  be 
filed  with  the  clerk  of  the  common  council  and  the  common  council 
shall  include,  except  as  otherwise  provided  herein,  in  the  next 
annual  tax  and  assessment  roll  of  the  city  the  amount  specified 
in  such  estimate  and  the  same  shall  be  collected  in  the  same 
manner  as  other  city  taxes  are  collected  and  shall  be  placed  to 
the  credit  of  the  board  of  education  as  herein  provided.  In  each 
city  in  which  the  law  provides,  prior  to  the  time  this  article 
goes  into  effect,  that  such  assessment  shall  be  included  in  a school 
tax  and  assessment  roll,  separate  and  distinct  from  the  annual  tax 


256 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


and  assessment  roll,  and  at  a different  time,  such  assessment  shall 
continue  to  be  included  in  a school  tax  and  assessment  roll,  to 
be  prepared  and  levied  at  the  same  time  each  year  as  the  law 
provides  in  respect  to  said  cities  prior  to  the  time  this  article  goes 
into  effect.  In  case  more  than  twenty-five  thousand  dollars  is 
required  to  be  raised  by  tax  for  the  purposes  specified  in  paragraph  j 
c of  subdivision  1 of  this  section,  the  common  council,  or  the 
board  of  education,  or  either,  may  provide  for  the  submission  to 
the  voters  of  the  city,  at  a tax  election,  the  proposition  for  the 
expenditure  of  such  sum  or  may  levy  a tax  to  be  payable  in 
instalments,  for  such  purposes,  and  may  issue  and  sell  municipal 
bonds  as  hereinafter  provided.  In  cities  in  which  the  board  of 
education  is  either  appointed,  or  is  elected  at  a general  or  muni- 
cipal election,  the  submission  of  such  question  shall  be  to  the 
voters  of  such  city  at  either  a general  or  municipal  election. 

2 -a  In  the  city  of  Lockport  such  estimate  shall  be  filed  with 
the  clerk  of  the  common  council  and  shall  be  known  as  the  school 
budget,  and  the  common  council  shall  include  the  amount  speci- 
fied in  such  budget  in  a school  tax  and  assessment-roll,  to  be 
entirely  separate  and  distinct  from  the  annual  tax  and  assessment- 
roll,  and  the  amount  provided  therein  shall  be  collected  at  the 
same  time  and  in  the  same  manner  as  other  city  taxes  are  col- 
lected, and  shall  be  placed  to  the  credit  of  the  board  of  education 
as  herein  provided.  [ Added  by  L.  1918,  ch. 

2 -b  In  a city  of  the  third  class,  created  or  to  be  created  by  the 
consolidation  of  two  cities  situated,  respectively,  in  two  adjoin- 
ing counties,  in  which,  at  the  time  of  the  creation  of  such  con- 
solidated city,  a school  district  shall  be  coterminous  with  the 
boundaries  of  one  such  city,  and  there  shall  be  in  the  other  city 
a school  district  wholly  within  its  boundaries  but  not  coterminous 
therewith,  such  estimate  shall  be  filed  with  the  clerk  of  the  com- 
mon council  in  the  month  of  January  each  year  and  the  common 
council  shall  cause  the  amount  thereof  to  be  levied  as  a tax  against 
the  property  in  the  city  school  district  of  such  consolidated  city 
and  shall  include  such  amount  in  the  annual  city  tax  and  assess- 
ment roll  and  the  same  shall  be  collected  at  the  same  time  and 
in  the  same  manner  as  other  city  taxes  and  the  amount  so  collected 
shall  be  placed  to  the  credit  of  the  board  of  education  as  herein 
provided.  [Added  by  L.  1919,  ch.  299,  in  effect  May  3,  1919.] 

3 In  a city  of  the  third  class  in  which  the  common  council 
under  statutes  in  effect  prior  to  the  time  when  this  act  takes  effect, 
has  the  power  to  determine  the  amount  of  funds  which  shall  be 


EDUCATION  LAW 


257 


included  in  the  estimate  for  the  support  and  maintenance  of 
public  schools,  and  in  any  such  city  in  which  the  mayor  under 
such  statutes  has  the  power  to  consider  and  determine  the  amounts 
included  in  such  estimate  for  the  support  and  maintenance  of 
public  schools,  such  common  council  and  mayor  shall  have  the 
same  power  and  shall  perform  the  same  duties  as  are  required 
under  the  statutes  in  effect  prior  to  the  taking  effect  of  this  act, 
and  the  provisions  of  such  statutes  shall  continue  in  full  force 
and  effect  notwithstanding  the  provisions  of  this  act.  Nothing 
in  this  act  shall  be  construed  as  conferring  upon  the  common 
council  of  a city  of  the  third  class  the  power  to  determine  the 
amount  which  shall  be  used  for  school  purposes,  which  was  not 
specifically  conferred  upon  the  common  council  of  such  city  under 
the  statutes  in  effect  prior  to  the  taking  effect  of  this  act.  Where 
the  mayor,  under  a statute  in  effect  prior  to  the  taking  effect  of 
this  act,  reduces  or  eliminates  items  in  the  estimate  for  the  sup- 
port and  maintenance  of  public  schools  in  the  city,  he  must  return 
such  estimate  to  the  board  of  education,  stating  his  reasons  for 
making  such  reductions  or  eliminations,  within  ten  days  after  the 
filing  of  such  estimate,  and  thereupon  the  board  of  education  may 
take  action  on  such  estimate  and  may  by  a three-fourths  vote  of 
the  members  of  the  board  restore  the  items  so  reduced  or  elimi- 
nated, and  the  estimate  shall  thereupon  become  effective  and  the 
amounts  specified  therein  shall  be  levied  and  collected  in  the  same 
manner  as  other  city  taxes  are  collected. 

4 In  a city  of  the  second  class  in  which  the  board  of  estimate 
and  apportionment  has  authority,  under  the  statutes  in  effect 
prior  to  the  time  this  act  goes  into  effect,  to  determine  the  amount 
of  funds  which  shall  be  included  for  the  support  and  maintenance 
of  public  schools  in  the  estimate  to  be  submitted  to  the  common 
council,  and  in  a city  of  the  first  class  having  a population  of  less 
than  four  hundred  thousand,  according  to  the  federal  census  of 
1910,  such  estimate  shall  be  filed  with  the  mayor.  The  mayor 
shall  place  such  estimate  before  the  board  of  estimate  and  apor- 
tionment  at  the  same  time  and  in  the  same  manner  as  estimates 
from  city  departments  or  officers  are  placed  before  said  board  of 
estimate  and  apportionment,  and  such  estimate  shall  thereafter  be 
subject  to  the  same  consideration,  action  and  procedure  a*  all 
other  estimates  from  city  departments  or  officers.  The  said  board 
of  estimate  and  apportionment  may  increase,  diminish  or  reject 
any  item  contained  in  said  estimate,  except  for  fixed  charges  for 
which  the  city  is  liable.  When  such  estimate  is  adopted  the  hoard 
9 


258 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


of  estimate  and  apportionment  shall  file  it  with  the  common 
council. 

5 The  hoard  of  education  in  each  other  city  of  the  second 
class  shall  file  such  estimate  with  the  mayor.  The  common  coun- 
cil of  each  city  included  within  the  provisions  of  this  subdivision 
shall  include  the  amount  of  such  estimate  in  the  tax  and  assess- 
ment roll  of  the  city  and  the  same  shall  be  collected  and  placed 
to  the  credit  of  the  board  of  education  as  herein  provided,  except 
that  a tax  for  the  purposes  specified  in  paragraph  c of  subdivision 
1 of  this  section  shall  he  levied  payable  in  instalments  and  bonds 
therefor  shall  be  issued  and  sold  as  hereinafter  provided. 

6 In  a city  which  had,  according  to  the  federal  census  of  1910, 
a population  of  four  hundred  thousand  or  more  but  less  than  one 
million  such  estimate  shall  be  filed  with  the  officer  authorized  to 
receive  other  department  estimates  and  the  same  acted  on  by  such 
officer  and  by  the  council  of  such  city  in  the  same  manner  and  with 
the  same  effect  as  other  department  estimates.  The  council  is 
also  authorized,  in  its  discretion,  to  include  in  such  budget  a sum 
for  any  of  the  purposes  enumerated  in  paragraph  c of  subdivision 
1 of  this  section,  and  any  further  amount  for  such  purposes  as 
may  be  authorized  by  a tax  election  held  in  such  city  pursuant 
to  the  provisions  of  this  chapter.  After  the  adoption  of  such 
budget  the  council  shall  cause  the  amount  thereof  to  be  included 
in  the  tax  and  assessment  roll  of  the  city  and  the  same  shall  be 
collected  in  the  same  manner  and  at  the  same  time  as  other  taxes 
of  the  city  are  collected,  and  placed  to  the  credit  of  the  board  of 
education. 

7 In  a city  which  had,  according  to  the  federal  census  of  1910, 
a population  of  one  million  or  more  such  estimate  shall  be  filed 
with  the  board  of  estimate  and  apportionment.  If  the  total 
amount  requested  in  such  estimate  shall  be  equivalent  to  or  less 
than  four  and  nine-tenths  mills  on  every  dollar  of  assessed  valua- 
tion of  the  real  and  personal  property  in  such  city  liable  to  taxa- 
tion, the  board  of  estimate  and  apportionment  shall  appropriate 
such  amount.  If  the  total  amount  contained  in  such  estimate  i 
shall  exceed  the  said  sum  of  four  and  nine-tenths  mills  on  every 
dollar  of  assessed  valuation  of  the  real  and  personal  property  in 
such  city  liable  to  taxation,  such  estimate  shall,  as  to  such  excess,  | 
be  subject  to  such  consideration  and  such  action  by  the  board  of 
estimate  and  apportionment,  the  board  of  aldermen,  and  the 
mayor  as  that  taken  upon  departmental  estimates  submitted  to  the  I 
board  of  estimate  and  apportionment.  The  board  of  estimate  and 


EDUCATION  LAW 


259 


apportionment  is  authorized  to  make  additional  appropriations  for 
educational  purposes  authorized  by  this  chapter.  The  general 
school  fund  shall  consist  of  all  moneys  raised  for  the  payment  of 
the  salaries  of  all  persons  employed  in  the  supervising  and  teach- 
ing staff,  including  the  superintendent  of  schools  and  all  associate, 
district  and  other  superintendents,  members  of  the  board  of 
examiners,  attendance  officers,  supervisor  of  lectures,  lecturers 
and  director  and  assistant  director  of  the  division  of  reference  and 
research.  The  special  school  fund  shall  contain  and  embrace  all 
moneys  raised  for  educational  purposes  not  comprised  in  the 
general  school  fund.  The  general  school  fund  shall  be  raised  in 
bulk  and  for  the  city  at  large.  The  board  of  education  shall 
administer  all  moneys  appropriated  or  available  for  educational 
purposes  in  the  city,  subject  to  the  provisions  of  law  relating  to 
the  audit  and  payment  of  salaries  and  other  claims  by  the  depart- 
ment of  finance. 

8 A board  of  education  may,  to  meet  emergencies  which  may 
arise,  submit  a special  estimate  in  which  items  for  extraordinary 
expenses  may  be  submitted  to  meet  such  emergencies.  Such  esti- 
mate shall  contain  a complete  statement  of  the  purposes  for  which 
the  items  are  requested  and  the  necessity  therefor.  The  same 
method  of  procedure  shall  be  followed  in  submitting  such  estimate 
and  such  estimate  shall  be  subject  to  the  same  consideration  and 
action  as  is  required  in  the  submission,  consideration  and  action 
upon  the  regular  annual  estimate  submitted  by  a board  of  educa- 
tion. The  common  council  in  such  a city  shall  have  power  to 
make  the  appropriations  requested  by  a board  of  education  in  such 
special  estimate.  The  common  council  of  a city  of  the  third 
class,  the  common  council,  the  board  of  estimate  and  apportion- 
ment of  a city  of  the  second  class  and,  in  a city  having  a popula- 
tion of  four  hundred  thousand  or  more  and  less  than  one  million, 
according  to  the  federal  census  of  1910,  the  council  may  tempos 
anly  borrow  the  amount  appropriated  on  city  certificates  of 
indebtedness  or  by  the  issuance  of  revenue  bonds,  or  other  muni- 
cipal bonds,  which  certificates  of  indebtedness  or  bonds  shall  be 
payable  at  such  time  and  in  such  manner  as  shall  be  provided  by 
general  laws  or  the  charter  of  such  city  for  other  certificates  of 
indebtedness  or  revenue  bonds. 

9 In  cities  in  which  the  boundaries  of  the  school  district  or 
districts  are  not  coterminous  with  the  city  boundaries  and  in 
which  the  board  of  education,  under  the  provisions  of  law  exist- 
ing at  the  time  of  the  passage  of  this  act,  is  authorized  to  levy 


260 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORN 


taxes  for  school  purposes,  the  hoard  of  education  is  hereby  author- 
ized and  empowered  to  prepare,  fix  and  determine  the  education 
budget  for  all  the  purposes  set  forth  in  this  section,  and  said  hoard  ; 
of  education  shall  levy  and  collect  the  necessary  tax  or  taxes  for 
all  the  purposes  specified  in  said  budget  in  accordance  with  the 
provisions  of  the  Education  Law.  In  the  event  the  boundaries  of  5 
said  city  or  cities  are  hereafter  made  coterminous  with  the  school 
district  boundaries  this  provision  shall  no  longer  apply. 

10  A hoard  of  education  shall  not  incur  a liability  or  on 
expense  chargeable  against  the  funds  under  its  control  or  the  city 
for  any  purpose  in  excess  of  the  amount  appropriated  or  available 
therefor  or  otherwise  authorized  by  law. 

11  In  a city  in  which,  under  the  statutes  in  effect  prior  to 
the  time  of  the  taking  effect  of  this  act,  it  is  provided  that  the 
estimate  of  expenditures  for  the  .support  and  maintenance  of 
the  public  schools  of  the  city  shall  not  be  less  than  a specified 
per  capita  sum,  based  on  the  number  of  pupils  enrolled  in  the 
public  schools  of  the  city,  the  amount  authorized  or  required 
to  he  included  in  the  estimate  of  school  expenditures  as  provided 
in  this  act  shall  not  he  less  than  the  per  capita  sum  specified  in 
such  statute.  [Added  by  L.  1917,  ch.  7 86,  in  effect  June  8, 
1917.~\ 

§ 878  Tax  election.  1 In  a city  having  a population  of 
less  than  seventy-five  thousand,  according  to  the  federal  census 
of  1910,  the  board  of  education  may  call  a tax  election,  by  giving 
notice  thereof  as  notice  is  required  under  the  Education  Law  of 
an  annual  school  election  and  submit  to  those  qualified  to  vote  at 
such  election  a proposition  to  expend  a sum  of  money  in  excess 
of  twenty-five  thousand  dollars  for  any  of  the  purposes  enumer- 
ated in  paragraph  c of  subdivision  1 of  section  877  of  this 
chapter.  The  provisions  of  law  relating  to  and  governing  annual 
school  elections,  including  inspectors,  notices,  qualifications  of 
voters,  challenges,  hours  for  keeping  polls  open,  penalties,  canvass 
of  votes,  filing  returns,  supplying  ballots,  and  all  other  matters 
relating  to  an  annual  election  shall  apply  to  and  govern,  so  far 
as  may  he  practicable,  a tax  election  except  in  a city  in  which 
the  election  of  members  of  the  board  of  education  is  held  at  the 
general  or  municipal  election.  In  such  cities  the  law  applying  to 
and  governing  such  general  or  municipal  elections  shall  apply 
to  and  govern  such  tax  election. 

2 In  such  a city  in  which  the  members  of  the  board  of  edu- 
cation are  elected  at  the  general  or  municipal  election,  a tax  elec- 
tion for  like  purposes  may  he  held  by  direction  of  the  hoard  of 


EDUCATION  LAW 


261 


education.  The  provisions  of  law  regulating  such  general  or 
municipal  elections  in  such  cities  shall  apply  to  and  govern  the 
method  of  calling  and  holding  tax  elections  in  said  cities.  [Added 
by  L.  1917,  ch.  786,  in  effect  June  8,1917.] 

3 In  the  city  of  Oswego  the  common  council  shall  continue  to 
have  power,  upon  the  request  of  the  board  of  education,  to  call  and 
hold  taxpayers’  elections  to  vote  upon  the  question  of  issuing  bonds 
of  the  city,  under  sections  46  and  47  of  the  charter  of  such  city, 
for  the  purposes  enumerated  in  paragraph  c of  subdivision  1 of 
section  877  of  this  chapter,  in  the  same  manner,  and  with  the  same 
force  and  effect,  as  prior  to  the  eighth  day  of  June,  1917,  and  to 
issue  such  bonds  for  such  purposes,  or  any  of  them,  pursuant  to 
the  provisions  of  such  charter,  provided  a majority  of  such  tax- 
payers voting  at  such  election  approve  of  such  issue.  [ Sub- 
division added  by  L.  1919,  ch.  176,  in  effect  April  10,1919.] 

§ 879  Bond  issue.  1 When  the  common  council  or  the 
voters  of  a city  authorize  an  appropriation  to  be  raised  by  a tax 
in  instalments  for  any  of  the  purposes  enumerated  in  para- 
graph c of  subdivision  1 of  section  877  of  this  chapter,  city  bonds 
shall  be  issued  in  the  same  manner  and  under  the  same  provisions 
as  other  bonds  are  or  may  be  issued  by  such  city.  The  principal 
and  interest  of  such  bonds  shall  be  paid  out  of  moneys  raised  by 
tax  therefor  in  the  same  manner  as  other  school  moneys  are 
raised,  when  such  bonds  and  the  interest  thereon  shall  become  due 
and  payable.  In  a city  having  a population  of  four  hundred 
thousand  or  more  but  less  than  one  million,  according  to  the 
federal  census  of  1910,  such  bonds  shall  be  issued  by  the  council. 

2 In  a city  of  the  second  class  and  in  a city  of  the  first  class 
having  a population  of  less  than  four  hundred  thousand,  accord- 
ing to  the  federal  census  of  1910,  the  common  council  and  the 
board  of  estimate  and  apportionment,  or  other  municipal  au- 
thorities who  were  authorized  and  empowered  under  the  laws  in 
force  prior  to  the  eighth  day  of  June,  1917,  to  determine  upon 
the  necessity  of  issuing  bonds  for  any  of  the  purposes  enumerated 
in  paragraph  c of  subdivision  1 of  section  877  of  this  chapter, 
shall  continue  to  possess  such  power  and  may  authorize,  issue  and 
sell  bonds  for  any  of  the  purposes  so  enumerated,  in  the  same 
manner  and  with  the  same  force  and  effect  as  prior  to  the  said 
eighth  day  of  June,  1917.  [Amended  by  L.  1918,  ch.  252,  in 
effect  April  17,  1918.] 

3 In  a city  having  a population  of  four  hundred  thousand  or 
more  but  less  than  one  million,  the  council  of  such  city  may,  by 
a vote  of  four-fifths  of  its  members,  authorize  from  time  to  time 


262 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


the  issuance  of  bonds  of  said  city  to  defray  the  expense  of  the 
construction,  improvement  and  equipment  of  school  buildings  or 
the  purchase  or  acquisition  of  school  sites,  which  expense  shall 
not  have  been  included  in  the  budget,  in  such  amounts  and  pay- 
able at  such  times  and  places  and  having  such  rates  of  interest, 
not  exceeding  six  per  centum  per  annum,  as  said  council  may 
determine,  interest  to  he  paid  semiannually,  said  bonds,  how- 
ever, to  be  due  in  not  more  than  fifty  years  from  their  date  and 
to  he  sold  for  not  less  than  their  par  value  and  accrued  interest. 
Such  bonds  may  be  made  payable  in  equal  proportions  during  a 
number  of  successive  years  not  exceeding  a period  of  fifty  years 
from  their  issuance,  as  the  council  shall  determine.  Such  bonds 
shall  be  issued  and  sold  by  the  authorities  of  the  city  in  the  same 
manner  that  bonds  for  other  municipal  purposes  are  issued  and 
sold  and  the  proceeds  of  the  sale  of  such  bonds  shall  be  paid  into 
the  treasury  of  the  city  and  placed  to  the  credit  of  the  board  of 
education.  As  such  bonds  become  due  the  municipal  authorities 
of  the  city  shall  include  in  the  tax  levy,  and  assess  upon  the  prop- 
erty of  the  city,  the  amount  necessary  to  pay  such  bonds  and 
interest  thereon. 

4 In  a city  having  a population  of  one  million  or  more,  the 
board  of  estimate  and  apportionment  may  in  its  discretion  annu- 
ally cause  to  be  raised  such  sums  of  money  as  may  be  required  for 
the  purposes  enumerated  in  subdivision  c of  section  877  of  this 
act,  in  the  manner  provided  by  law  for  the  raising  of  money  for 
such  purposes.  [ Added  by  L.  1917 , ch.  786,  in  effect  June  8, 
1917.] 

5 In  a city  in  which  the  boundaries  of  the  school  district  or 
districts  are  not  coterminous  with  the  city  boundaries,  taxes  may 
be  raised  in  instalments  and  district  bonds  issued  for  any  of  the 
purposes  enumerated  in  paragraph  c of  subdivision  1 of  section 
877  of  this  chapter,  in  the  manner  provided  and  under  the  con- 
ditions prescribed  by  the  Education  Law  for  the  levy  and  collec- 
tion of  taxes  in  instalments  and  the  issue  and  sale  of  bonds  of 
union  free  school  districts.  [ Added  by  L.  1918 , ch.  252,  in  effect 
April  17,  1918.] 

§ 880  Funds ; custody  and  disbursement  of.  1 Pub- 
lic moneys  apportioned  to  a city  by  the  State  and  all  funds  raised 
or  collected  by  the  authorities  of  a city  for  school  purposes  or  to 
be  used  by  the  board  of  education  for  any  purpose  authorized  in 
this  chapter,  or  any  other  funds  belonging  to  a city  and  received 
from  any  source  whatsoever  for  similar  purposes,  shall  be  paid 


EDUCATION  LAW 


263 


into  the  treasury  of  such  city  and  shall  be  credited  to  the  board 
of  education. 

2 Such  funds  shall  be  disbursed  only  by  authority  of  the  board 
of  education  and  upon  written  orders  drawn  on  the  city  treasurer 
or  other  fiscal  officer  of  the  city.  Such  orders  shall  be  signed  by 
the  superintendent  of  schools  and  the  secretary  of  the  board  of 
education  or  such  other  officers  as  the  board  may  authorize. 
Such  orders  shall  be  numbered  consecutively  and  shall  specify  the 
purpose  for  which  they  are  drawn  and  the  person  or  corporation 
to  whom  they  are  payable. 

3 It  shall  be  unlawful  for  a city  treasurer  or  other  officer 
having  the  custody  of  city  funds  to  permit  the  use  of  such  funds 
for  any  purpose  other  than  that  for  which  they  are  lawfully 
authorized  and  such  funds  shall  not  be  paid  out  except  on  audit 
of  the  board  of  education  and  the  countersignature  of  the  comp- 
troller, and  in  a city  having  no  comptroller  by  an  officer  desig- 
nated by  the  officer  or  body  having  the  general  control  of  the 
financial  affairs  of  such  city.  The  board  of  education  of  such 
city  shall  make,  in  addition  to  such  classification  of  its  funds  and 
accounts  as  it  desires  for  its  own  use  and  information,  such  fur- 
ther classification  of  the  funds  under  its  management  and  control 
and  of  the  disbursements  thereof  as  the  comptroller  of  the  city, 
or  the  officer  or  body  having  the  general  control  of  the  financial 
affairs  of  such  city,  shall  require,  and  such  board  shall  furnish 
such  data  in  relation  to  such  funds  and  their  disbursements  as 
the  comptroller  or  such  other  financial  officer  or  body  of  the  city 
shall  require.  [Added  by  L.  191 7,  ch.  786,  in  effect  June  8, 191 7.] 

§ 881  Continuation  in  ofifiee  of  boards,  bureaus, 
teachers,  principals  and  other  employees,  et  cetera. 
Except  as  otherwise  provided  herein  the  boards,  bureaus,  teach- 
ers, principals,  supervisors,  superintendents,  heads  of  depart- 
ments, assistants  to  principals,  examiners,  supervisor  of  lectures, 
directors  and  all  other  officers  and  employees  of  the  school  system 
or  of  boards  of  education  of  the  several  cities  of  the  State,  law- 
fully appointed  or  assigned  before  this  act  takes  effect,  shall  con- 
tinue to  hold  their  respective  positions  for  the  term  for  which 
they  were  appointed  or  until  removed  as  provided  in  subdivi- 
sion 3 of  section  872  of  this  article. 

2 If  a board  of  education  abolishes  an  office  or  position  and 
creates  another  office  or  position  for  the  performance  of  duties 
similar  to  those  performed  in  the  office  or  position  abolished,  the 


264 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


person  filling  such  office  or  position  at  the  time  of  its  abolishment 
shall  he  appointed  to  the  office  or  position  thus  created  without 
reduction  in  salary  or  increment,  provided  the  record  of  such 
person  has  been  one  of  faithful,  competent  service  in  the  office 
or  position  he  has  filled. 

3 If  an  office  or  position  is  abolished  or  if  it  is  consolidated 
with  another  position  without  creating  a new  position,  the  person 
filling  such  position  at  the  time  of  its  abolishment  or  consolida- 
tion shall  be  placed  upon  a preferred  eligible  list  of  candidates 
for  appointment  to  a vacancy  that  may  thereafter  occur  in  an 
office  or  position  similar  to  the  one  which  such  person  filled  with- 
out reduction  in  salary  or  increment,  provided  the  record  of  such 
person  has  been  one  of  faithful,  competent  service  in  the  office 
or  position  he  has  filled.  The  names  of  such  persons  shall  be 
placed  upon  such  preferred  list  in  the  order  in  which  their  serv- 
ices have  been  thus  discontinued.  [ Added  by  L.  1917,  ch.  7 86, 
in  effect  June  8,  1917.'] 

Effect  of  City  School  Law;  Repeal 

L.  1917,  ch.  786,  § 2:  City  school  district.  Each  city  in  which  the  school 
district  boundaries  are  coterminous  with  the  city  boundaries  is  hereby 
declared  to  be  a city  school  district.  In  a city  in  which  the  city  boundaries 
and  the  school  district  boundaries  are  not  coterminous  the  school  district 
boundaries  shall  remain  as  they  existed  prior  to  the  time  this  act  takes 
effect  and  until  such  time  as  such  school  district  boundaries  may  be  changed 
as  provided  by  law.  In  each  city  where  the  school  district  boundaries  are  not 
coterminous  with  the  city  boundaries  the  school  district  which  contains  the 
whole  or  the  greater  portion  of  the  inhabitants  of  the  city  shall  be  the  city 
school  district  of  said  city  and  shall  be  subject  to  the  provisions  of  this  act. 

§ 3 Repeal  of  inconsistent  provisions;  effect  of  repeal.  All  acts  or  parts 
of  acts,  general  or  special,  inconsistent  with  the  provisions  of  this  act  are 
hereby  repealed.  The  repeal  of  the  acts  specified  in  the  schedule  hereto 
annexed,  or  of  such  inconsistent  acts  or  parts  of  such  acts,  shall  not  affect 
any  right  existing  or  accrued  or  any  liability  incurred  prior  to  the  passage  of 
this  act,  and  all  acts  or  parts  of  acts,  general  or  special,  not  specifically 
repealed  by  this  act  and  not  inconsistent  with  the  provisions  of  this  act  shall 
remain  in  full  force  and  effect. 

§ 4 Pending  actions  or  proceedings;  existing  rules.  The  repeal  of  a law 
or  any  part  of  it  specified  in  the  annexed  schedule  and  any  provision  of  this 
act  shall  not  affect  pending  actions  or  proceedings  brought  by  or  against  the 
board  of  education  of  a city,  or  by  or  against  a city,  in  respect  to  the  public 
schools  thereof,  under  or  in  pursuance  of  any  of  the  provisions  of  the  laws 
hereby  repealed,  but  the  same  may  be  prosecuted  or  defended  in  the  same 
manner  and  for  the  same  purpose  by  the  board  of  education  of  the  city  under 
the  provisions  of  this  chapter  as  though  such  laws  had  not  been  repealed. 
The  rules  and  regulations  adopted  by  a board  of  education  in  pursuance  of 
any  law  hereby  repealed  shall  continue  in  full  force  and  effect  notwithstanding 


EDUCATION  LAW 


2G5 


such  repeal,  until  the  same  are  modified,  amended  or  repealed  by  the  board  of 
education  as  provided  in  this  chapter.  Nothing  in  this  act  shall  affect  titles 
to  school  property,  but  such  property  may  be  held  either  in  the  name  of  the 
city  school  district  or  of  the  board  of  education,  as  provided  in  this  act  or  in 
any  other  act  relating  to  titles  to  such  property. 

§ 5 Time  of  taking  effect.  This  act  shall  take  effect  immediately. 

§ 6 Laws  repealed.  Of  the  laws  enumerated  in  the  schedule  hereto 
annexed,  that  portion  specified  in  the  last  column  is  hereby  repealed. 

[Schedule  of  laws  repealed  is  omitted.] 

ARTICLE  33-R 

[Article  added  by  L.  1919,  ch.  6^5,  in  effect  May  19,  1919 ] 

Salaries  of  the  Members  of  the  Supervising 
and  Teaching  Staff  in  City  Schools 

Section  882  Powers  of  boards  of  education  as  to  salaries 

883  Salaries  in  cities  of  the  first  class  having  a population  of  one 

million  or  over 

884  Salaries  in  cities  of  the  first  class  having  a population  of  less 

than  one  million 

885  Salaries  in  cities  of  the  second  class 

886  Salaries  in  cities  of  the  third  class 

887  Boards  to  fix  salaries 

■888  Salaries  and  increments 

889  Schedule  to  be  filed 

§ 882  Powers  of  board  of  education  as  to  salaries. 

The  board  of  education  of  each  city  of  the  State  shall  adopt  by- 
laws fixing  the  salaries  of  the  superintendent  of  schools,  associate, 
district  or  other  superintendents,  members  of  the  board  of  ex- 
aminers, if  any,  directors,  inspectors,  supervisors,  principals, 
teachers,  lecturers,  special  instructors  and  of  all  other  members 
of  the  supervising  and  the  teaching  staff.  Such  by-laws  shall 
establish  uniform  schedules  of  salaries  for  all  members  of  the 
supervising  and  teaching  staff  in  each  city.  The  salaries  and 
salary  increments  so  fixed  for  principals  and  teachers  by  the 
by-laws  of  the  board  of  education  of  each  city,  on  and  after  Jan- 
uary 1,  1920,  shall  be  not  less  than  those  prescribed  in  the  follow- 
ing sections  of  this  article.  [Added  by  L.  1919 , ch.  6J5.] 

§ 883-  Salaries  in  cities  of  the  first  class  having  a 
population  of  one  million  or  over.  The  schedules  adopted 
by  the  hoard  of  education,  in  a city  of  one  million  inhabitants 
or  more,  shall  not  discriminate  between  the  salaries  and  salary 
increments  of  members  of  the  teaching  staff  in  such  schools  be- 
cause of  the  sex  of  said  members  notwithstanding  any  provision 
of  the  charter  of  such  city  inconsistent  herewith.  Such  salaries 


266 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


and  increments  shall  be  not  less  than  those  prescribed  in  the  follow- 
ing schedules : 

A Elementary  Schools 

Schedule  A-l.  All  teachers  of  kindergarten  to  six-b  classes: 
First  year,  not  less  than  one  thousand  and  five  dollars;  annual 
increment,  not  less  than  one  hundred  and  five  dollars ; number  of 
annual  increments,  not  less  than  eleven. 

Schedule  A-2.  All  teachers  of  seven-a  to  nine-b  classes:  First 
year,  not  less  than  one  thousand  three  hundred  and  fifty  dollars ; 
annual  increment,  not  less  than  one  hundred  and  fifty  dollars; 
number  of  annual  increments,  not  less  than  nine. 

Schedule  A-3.  All  teachers  of  special  subjects  in  the  day  ele- 
mentary schools  and  all  teachers  teaching  classes,  in  such  schools, 
for  which  a special  license  is  required;  same  as  schedule  a-two. 

Schedule  A-4.  Assistants  to  principal  (heads  of  departments) : 
First  year,  not  less  than  two  thousand  eight  hundred  dollars; 
annual  increment,  not  less  than  one  hundred  dollars;  number  of 
annual  increments,  not  less  than  two. 

Schedule  A-5.  Principals  of  day  elementary  schools,  and  heads 
of  model  schools;  principals  of  schools  for  the  deaf,  for  the  crip- 
pled; principals  of  continuation,  prevocational,  parental,  or  pro- 
bationary schools;  principals  of  intermediate  (junior  high) 
schools:  First  year,  three  thousand  dollars;  annual  increment, 
two  hundred  and  fifty  dollars ; number  of  increments,  four. 

B High  Schools  and  Training  Schools 

Schedule  B-l.  Assistant  teachers,  including  teachers  of  cook- 
ing, sewing  and  physical  training,  model  teachers  and  critic 
teachers:  First  year,  one  thousand  three  hundred  and  fifty  dol- 
lars; annual  increment,  one  hundred  and  fifty  dollars;  number 
of  annual  increments,  twelve. 

Schedule  B-2.  First  assistants:  First  year,  two  thousand  six 
hundred  and  fifty  dollars;  annual  increment,  two  hundred  dol- 
lars; number  of  annual  increments,  five. 

Schedule  B-3.  Clerical,  laboratory,  library,  and  placement  and 
investigation  assistants:  First  year,  one  thousand  dollars;  annual 
increment,  one  hundred  dollars;  number  of  annual  increments, 
ten. 

Schedule  B-4.  Principals  of  training  and  high  schools  having 
twenty-five  or  more  classes:  First  year,  five  thousand  dollars; 
annual  increment,  two  hundred  and  fifty  dollars;  number  of 
annual  increments,  two.  [Added  hy  L.  1919,  ch.  6J/.5.'] 


EDUCATION  LAW 


267 


§ 884  Salaries  in  cities  of  the  first  class  having  a 
population  of  less  than  one  million.  The  salaries  and 
salary  increments  of  members  of  the  supervising  and  teaching 
staff  in  cities  of  the  first  class  having  a population,  according  to 
the  federal  census  of  1910,  of  less  than  one  million  shall  be  not 
less  than  those  prescribed  in  the  following  schedules: 

A Elementary  Schools 

Schedule  A-l.  Teachers  of  kindergarten  and  first  to  eighth  year 
classes : first  year,  eight  hundred  dollars ; number  of  annual  incre- 
ments, not  less  than  eight. 

B High  Schools 

Schedule  B-l.  Teachers:  first  year,  one  thousand  two  hundred 
dollars;  number  of  annual  increments,  not  less  than  eight.  [ Added 
by  L.  1919 , ch.  645.] 

§ 885  Salaries  in  cities  of  the  second  class.  The 

salaries  and  salary  increments  of  members  of  the  supervising 
and  teaching  staff  in  cities  of  the  second  class  shall  be  not  less 
than  those  prescribed  in  the  following  schedules: 

A Elementary  Schools 

Schedule  A-l.  Teachers  of  kindergarten  and  first  to  eighth  year 
classes:  first  year,  eight  hundred  dollars;  number  of  annual 
increments,  not  less  than  eight. 

B High  Schools 

Schedule  B-l.  Teachers:  first  year,  one  thousand  dollars;  num- 
ber of  annual  increments,  not  less  than  eight.  [ Added  by  L.  1919, 
ch.  645.'] 

§ 886  Salaries  in  cities  of  the  third  class.  The 

salaries  and  salary  increments  of  members  of  the  supervising  and 
teaching  staff  in  cities  of  the  third  class  shall  he  not  less  than 
those  prescribed  in  the  following  schedules : 

A Elementary  Schools 

Schedule  A-l.  Teachers  of  kindergarten  and  first  to  eighth 
year  classes : first  year,  seven  hundred  and  twenty  dollars ; number 
of  annual  increments,  not  less  than  eight. 

B High  Schools 

Schedule  B-l.  Teachers:  First  year,  eight  hundred  and  forty 
dollars ; number  of  annual  increments,  not  less  than  eight.  [ Added 
by  L.  1919,  ch.  645.] 


268 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 887  The  board  of  education  in  each  city  of  the  State  shall 
fix  the  salaries  and  annual  salary  increments  of  all  members  of 
the  supervising  and  teaching  staffs  and  of  all  principals,  teachers, 
supervisors  or  other  employees,  whose  salaries  are  not  fixed  by  the 
provisions  of  this  act.  The  hoard  of  education  in  each  city  may 
also,  in  its  discretion,  increase  the  minimum  salaries  and  salary 
increments  of  any  members  of  the  supervising  and  teaching  staffs 
or  other  employees,  whose  salaries  are  not  fixed  by  the  provisions 
of  this  act.  [ Added  by  L.  1919 , ch.  61/.5.~\ 

§ 888  Salaries  and  increments.  1 A member  of  the 
supervising  and  the  teaching  staff  in  such  schools  serving  under 
a schedule  which  provides  for  annual  increments  shall  receive  for 
any  given  year  of  service  the  salary  and  the  increment  provided 
in  said  schedule  for  the  year  which  corresponds  to  his  year  of 
service,  unless  his  services  for  the  year  immediately  preceding 
have  been  declared  by  a majority  vote  of  the  board  of  education  or 
board  of  superintendents  of  a city,  to  be  unsatisfactory,  after 
opportunity  to  be  heard. 

2 The  salary,  including  the  annual  increment,  to  which  a 
present  member  of  such  teaching  staff  shall  be  entitled  under 
any  salary  schedule  existing  on  the  date  of  the  passage  of  this 
act,  shall  not  be  reduced  by  reason  of  the  operation  of  the  schedules 
of  salaries  set  forth  in  this  article,  or  by  reason  of  any  other 
provision  contained  in  this  article. 

Notwithstanding  any  other  provision  of  this  article  boards  of 
education  in  cities  located  in  a county  having  a population  of  over 
four  hundred  thousand  and  adjoining  a city  having  a population 
of  one  million  or  more  shall  fix  the  minimum  salaries  and  not 
less  than  eight  annual  increments  of  the  supervising  and  teaching 
staff  in  said  cities  and  file  the  same  with  the  Commissioner  of 
Education  as  provided  in  this  act.  The  minimum  salaries  so  fixed 
shall  not  be  less  than  those  paid  in  said  cities  at  the  time  of  the 
passage  of  this  act. 

3 The  schedule  of  salaries  provided  for  in  this  act  shall  take 
effect  and  become  operative  as  follows: 

a In  all  cities  having  a population  of  less  than  one  million, 
on  the  first  day  of  January  1920. 

b In  a city  having  a population  of  one  million  or  more,  the 
board  of  education  shall  pay  to  each  member  of  such  supervising 
and  teaching  staff,  for  the  calendar  year  1920,  a salary  which 
shall  be  not  less  than  the  salary  which  said  member  was  receiving 
on  the  thirty-first  day  of  December  1919,  and  in  addition  thereto 


EDUCATION  LAW 


269 


one-third  of  the  difference  between  such  salary  and  the  salary 
to  which  said  member  is  entitled  for  the  salary  year  under  the 
schedules  and  schedule  conditions  made  in  conformity  with  the 
provisions  of  this  article,  and  for  the  calendar  year  of  1921, 
the  board  of  education  shall  pay  to  each  member  of  such  teaching 
and  supervising  staff,  a salary  which  shall  he  not  less  than  the 
salary  under  which  such  member  was  receiving  on  the  thirty- 
first  day  of  December  1919,  and  in  addition  thereto  two-thirds 
of  the  difference  between  such  salary  and  the  salary  to  which 
said  member  is  entitled  for  the  salary  year  under  the  schedules 
and  schedule  conditions  made  in  conformity  with  the  provisions 
of  this  article,  and  beginning  with  the  calendar  year  of  1922, 
and  for  each  year  thereafter,  the  hoard  of  education  shall  pay 
to  each  member  of  the  supervising  and  teaching  staff,  a salary 
which  shall  be  not  less  than  the  salary  to  which  such  member  is 
entitled  under  the  schedules  and  schedule  conditions  made  in 
conformity  with  the  provisions  of  this  act.  [ Added  by  L.  1919 , 
ch.  61/-5.~\ 

§ 889  Schedules  to  be  filed.  A copy  of  the  schedules 
and  schedule  conditions  approved  by  the  board  of  education  of 
each  city  together  with  a copy  of  such  changes  in  schedules  and 
schedule  conditions  as  are  made  in  conformity  with  this  article, 
certified  by  the  secretary  of  the  board,  shall,  within  thirty  days 
after  the  adoption  thereof,  be  filed  in  the  office  of  the  State 
Commissioner  of  Education.  [Added  by  L.  1919 , ch.  61/.5.'} 


ARTICLE  34 

Appeals  or  Petitions  to  Commissioner  of 

Education 

Section  890  Appeals  or  petitions  to  Commissioner  of  Education  and  other 
proceedings 

891  Powers  of  Commissioner  upon  appeals  of1  petitions,  et  cetera 

892  Filed  papers  and  copies  thereof 

§ 890  Appeals  or  petitions  to  Commissioner  of 
Education  and  other  proceedings.  Any  person  conceiv- 
ing himself  aggrieved  may  appeal  or  petition  to  the  Commissioner 
of  Education  who  is  hereby  authorized  and  required  to  examine 
and  decide  the  same ; and  the  Commissionr  of  Education  may  also 
institute  such  proceedings  as  are  authorized  under  this  act  and 


1 So  in  original. 


270 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


his  decision  in  such  appeals,  petitions  or  proceedings  shall  be 
final  and  conclusive,  and  not  subject  to  question  or  review  in  any 
place  or  court  whatever.  Such  appeal  or  petition  may  be  made  in 
consequence  of  any  action: 

1 By  any  school  district  meeting; 

2 By  any  school  commissioner  and  other  officers,  in  forming  or 
altering,  or  refusing  to  form  or  alter,  any  school  district,  or  in 
refusing  to  apportion  any  school  moneys  to  any  such  district  or 
part  of  a district ; 

3 By  a supervisor  in  refusing  to  pay  any  such  moneys  to  any 
such  district; 

4 By  the  trustees  of  any  district  in  paying  or  refusisg  to  pay 
any  teacher,  or  in  refusing  to  admit  any  scholar  gratuitously  into 
any  school  or  on  any  other  matter  upon  which  they  may  or  do 
officially  act; 

5 By  any  trustees  of  any  school  library  concerning  such  library, 
or  the  books  therein,  or  the  use  of  such  books ; 

6 By  any  district  meeting  in  relation  to  the  library  or  any 
other  matter  pertaining  to  the  affairs  of  the  district. 

7 By  any  other  official  act  or  decision  of  any  officer,  school 
authorities,  or  meetings  concerning  any  other  matter  under  this 
chapter,  or  any  other  act  pertaining  to  common  schools.  [Section 
renumbered  by  L.  1918,  ch.  252.'] 

§ 891  Powers  of  Commissioner  npon  appeals  or 
petitions,  et  cetera.  The  Commissioner,  in  reference  to  such 
appeals,  petitions  or  proceedings,  shall  have  power: 

1 To  regulate  the  practice  therein. 

2 To  determine  whether  an  appeal  shall  stay  proceedings,  and 
prescribe  conditions  upon  which  it  shall  or  shall  not  so  operate. 

3 To  decline  to  entertain  or  to  dismiss  an  appeal,  when  it  shall 
appear  that  the  appellant  has  no  interest  in  the  matter  appealed 
from,  and  that  the  matter  is  not  a matter  of  public  concern,  and 
that  the  person  injuriously  affected  by  the  act  or  decision  appealed 
from  is  incompetent  to  appeal. 

4 To  make  all  orders,  by  directing  the  levying  of  taxes  or  other- 
wise, which  may,  in  his  judgment,  be  proper  or  necessary  to  give 
effect  to  his  decision.  [ Section  renumbered  by  L.  1918,  ch.  252.] 

§ 892  Filed  papers  and  copies  thereof.  The  Com- 
missioner shall  file,  arrange  in  the  order  of  time,  and  keep  in 
his  office,  so  that  they  may  be  at  all  times  accessible,  all  the  pro- 
ceedings on  every  appeal  or  petition  to  him  under  this  article,  in- 
cluding his  decision  and  orders  founded  thereon ; and  copies  of  all 


EDUCATION  DAW 


271 


such  papers  and  proceedings,  authenticated  by  him  under  his  seal 
of  office,  shall  he  evidence  equally  with  the  originals.  [Section 
renumbered  by  L.  1918 , ch.  252.'] 

ARTICLE  35 
Orphan  Schools 

Section  900  Schools  of  orphan  asylums 

901  Rules  subject  to  supervision  of  school  authorities 

902  Annual  reports 

§ 900  Schools  of  orphan  asylums.  The  schools  of  the 
several  incorporated  orphan  asylum  societies  in  this  State,  other 
than  those  in  the  city  of  New  York,  shall  participate  in  the  distri- 
bution of  the  school  moneys,  in  the  same  manner  and  to  the  same 
extent,  in  proportion  to  the  number  of  children  educated  therein, 
as  the  common  schools  in  their  respective  cities  or  districts.  The 
schools  of  said  societies  shall  be  subject  to  the  rules  and  regula- 
tions of  the  common  schools  in  such  cities  or  districts,  hut  shall 
remain  under  the  immediate  management  and  direction  of  the 
said  societies  as  heretofore. 

§ 901  Rules  subject  to  supervision  of  school  au- 
thorities. Every  such  asylum  may  make  all  laws,  rules  and 
regulations  relative  to  the  education  and  discipline  of  their  in- 
mates, as  a majority  of  the  trustees  thereof  at  their  annual  meet- 
ings shall  think  fit  and  proper;  but  such  laws,  rules  and  regula- 
tions shall  not  be  repugnant  to  the  laws  of  this  State  in  its  policy 
in  reference  to  public  and  primary  instruction,  and  shall  be  sub- 
ject at  all  times  to  the  inspection  and  supervision  of  the  several 
educational  officers  of  the  different  villages,  towns  or  cities  in 
which  such  orphan  asylums  may  be  located. 

§ 902.  Annual  reports.  An  annual  report  shall  be  made 
and  sworn  to  by  the  presiding  officer  of  any  such  asylum,  stating 
the  number  of  inmates  thereof,  the  time  spent  by  them  in  pur- 
suing studies  therein,  in  what  studies  they  shall  have  been  in- 
structed, and  the  manner  in  which  the  public  funds  distributed  to 
it  shall  have  been  expended,  which  shall  be  filed  with  the  Commis- 
sioner of  Education. 


272 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  36 

Schools  for  Colored  Children 

Section  920  No  exclusion  on  account  of  race  or  color 

921  Provision  for  separate  schools 

922  Only  qualified  teachers  shall  be  employed 

[Text  of  article  omitted .] 


Section  940 

941 

942 

943 

944 

945 

946 

947 

948 

949 

950 

951 

952 

953 

954 


ARTICLE  37 
Indian  Schools 

Duties  of  Commissioner  regarding  Indian  children 

Cooperation  of  Indians  shall  be  sought 

Rights  of  Indians  and  of  State  shall  be  guarded 

Indian  children  not  entitled  to  free  tuition  in  public  schools 

Employment  of  teachers,  et  cetera 

Required  attendance  upon  instruction 

Duties  of  persons  in  parental  relation  to  Indian  children 

Penalty  for  failure  to  send  children  to  school 

Persons  employing  Indian  children  unlawfully  to  be  fined 

Teachers’  record  of  attendance 

Attendance  officers 

Arrest  of  truants 

Commissioner  of  Education  to  contract  for  keeping  of  truants 
Enumeration 

Payment  of  services  herein  required 

[Text  of  article  omitted .] 


ARTICLE  38 

Instruction  of  Deaf-Mutes  and  of  the  Blind 

Section  970  Duties  of  Commissioner  of  Education 

971  Persons  eligible  as  pupils  to  institutions  for  instruction  of  the 

deaf  and  dumb 

972  Persons  eligible  as  pupils  to  institutions  for  instruction  of  the 

blind 

973  Support  and  term  of  instruction  of  state  pupils 

974  Regulations  for  admission 

975  Clothing  for  state  pupils 

976  Aid  for  blind  and  deaf  students 

977  Indigent  deaf-mute  children 

978  Deaf-mute  children  improperly  cared  for 

979  Maintenance  of  children 

980  Payment  of  expenses  of  tuition  and  maintenance 

[Text  of  article  omitted,] 


EDUCATION  LAW 


273 


ARTICLE  39 

New  York  State  School  for  the  Blind 

Section  990  Change  of  name 

991  Requisites  for  admission 

992  Applicants  from  without  the  State 

993  Applications  for  admission 

994  Object  of  institution 

995  Appointment  and  terms  of  trustees 

996  Filling  vacancies 

997  Trustees  entitled  to  mileage;  disabilities 

998  General  powers  of  trustees 

999  Officers,  committees  and  seal 

1000  Secretary 

1001  Treasurer’s  duties  and  bond 

1002  Appointment  of  superintendent,  instructors  and  assistants 

1003  Purchase  of  equipment 

1004  Duty  to  provide  clothing  and  pay  traveling  expenses 

1005  Charges  against  county 

1006  Accounts  against  counties  and  payment  thereof 

1007  Reimbursement  of  counties 

1008  Entitled  to  publications  and  may  receive  bequests  and  donations 

1009  Records  and  annual  reports 

1010  Payments  by  State  Treasurer 

1011  Drafts  upon  state  treasury 

[ Text  of  article  omitted .] 


ARTICLE  39-A 

[Added  by  L.  1917 , c h.  559,  in  effect  May  18,  1917] 

Physically  Defective  Children 
§ 1020  Physically  defective  children.  1 The  board 
of  education  of  each  city  and  of  each  union  free  school  district, 
and  the  board  of  trustees  of  each  school  district  shall,  within  one 
year  from  the  time  this  act  becomes  effective,  ascertain,  under 
regulations  prescribed  by  the  Commissioner  of  Education  and 
approved  by  the  Regents  of  the  University,  the  number  of  children 
in  such  city  or  district  under  the  age  of  eighteen  years  who  are 
deaf,  blind,  so  crippled  or  otherwise  so  physically  defective  as 
to  be  unable  to  attend  upon  instruction  in  regular  classes  main- 
tained in  public  schools. 

2 The  board  of  education  of  each  city  and  of  each  union  free 
school  district  in  which  there  are  ten  or  more  children  who  are 
deaf,  blind,  crippled  or  otherwise  physically  defective  shall  estab- 


274 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  TURK 


lish  such  special  classes  as  may  be  necessary  to  provide  instruc- 
tion adapted  to  the  mental  attainments  and  physical  conditions  of 
such  children.  Provided,  however,  that  in  each  city  or  union  free 
school  district  in  which  schools  for  the  deaf,  blind,  crippled  or 
otherwise  physically  defective  now  exist  or  may  hereafter  be 
established,  which  are  incorporated  under  the  laws  of  the  State 
and  are  found  by  the  board  of  education  to  be  adequate  to  pro- 
vide instruction  adapted  to  the  mental  attainments  and  physical 
conditions  of  such  children,  the  board  of  education  shall  not  be 
required  to  supply  additional  special  classes  for  the  children  so 
provided  for. 

The  board  of  education  of  such  cities  or  union  free  school  dis- 
tricts is  hereby  authorized  and  empowered  to  contract  with  such 
schools  for  the  education  of  such  children  in  special  classes  therein. 
[Amended  by  L.  1918 , ch.  878 , in  effect  April  30 , 19187] 

3 The  board  of  education  of  each  city  and  of  each  union  free 
school  district,  and  the  board  of  trustees  of  each  school  district, 
which  contains  less  than  ten  children  who  are  deaf,  blind,  crippled 
or  otherwise  physically  defective,  is  hereby  authorized  and  empow- 
ered to  contract  with  the  board  of  education  of  another  city  or 
school  district  for  the  education  of  such  children  in  special  classes 
organized  in  the  schools  of  the  city  or  district  with  which  such 
contract  is  made.  [Added  by  L.  1917,  ch.  559 , in  effect  May  18, 
1917.] 

ARTICLE  40 


Cornell  University 


Section  1030  Cornell  University  continued 

1031  Trustees;  election  of  trustees 

1032  Extent  of  farm  and  grounds;  special  constables 

1033  Objects  and  powers  of  the  corporation 

1034  Extent  to  which  property  may  be  held 

1035  Trustees  shall  make  reports;  university  subject  to  visitation  of 

Regents 

1036  Restrictions  on  alienation  of  property 

1037  State  scholarships  in  Cornell  University 

1038  New  York  State  Veterinary  College 

1039  New  York  State  College  of  Agriculture 


[Text  of  article  omitted .] 


EDUCATION  LAW 


275 


ARTICLE  40-A 

[Article  IfO-A,  added  by  L.  1917,  ch.  207,  in  effect  April  19,  1917 ] 

Agricultural  Schools 

Section  1040  Courses  of  study;  instruction 

1041  Recommendations  as  to  appropriations;  expenditures 

§ 1040  Courses  of  study;  instruction.  The  instruc- 
tion of  pupils  attending  the  schools  of  agriculture  established 
under  the  provisions  of  articles  41,  41-a,  42,  42-<z,  43  and  45 -a 
of  this  chapter  shall  be  under  the  general  supervision  of  the  Com- 
missioner of  Education.  The  Commissioner  of  Education  is 
hereby  authorized  to  approve  the  courses  of  study  to  he  followed 
in  such  schools  of  agriculture  and  in  the  extension  work  carried 
on  by  such  schools,  including  the  training  of  teachers  of  agri- 
culture. Such  directions  shall  be  given  by  the  Commissioner 
to  the  board  of  directors  or  trustees,  as  the  case  may  he,  of  each 
agricultural  school,  and  such  board  of  directors  or  trustees  shall, 
upon  receiving  such  directions  as  to  such  courses  of  study,  cause 
the  same  to  be  followed  and  the  subjects  therein  prescribed  to  be 
taught  in  such  schools.  [ Added  by  L.  1917 , ch.  207 , in  effect 
April  19,  1917.'] 

§ 1041  Recommendations  as  to  appropriations; 
expenditures.  The  Commissioner  of  Education  shall  recom- 
mend annually  to  the  Legislature  the  amount  of  appropriations 
approved  by  him  as  necessary  for  the  maintenance  of  such  agri- 
cultural schools  and  for  carrying  into  effect  the  purposes  for  which 
they  were  established.  The  amounts  appropriated  for  the  sup- 
port and  maintenance  of  such  schools  shall  be  paid  out  by  the 
State  Treasurer  upon  the  warrant  and  audit  of  the  Comptroller 
and  upon  vouchers  approved  by  the  Commissioner  of  Education. 
The  provisions  of  this  article  shall  not  apply  to  the  New  York 
State  College  of  Agriculture  at  Cornell  University.  [Added  by 
L.  1917 , ch.  207 , in  effect  April  19,  1917.] 

ARTICLE  41 

State  School  of  Agriculture  at  Saint  Law- 
rence University 

Section  1050  Corporate  name 

1051  Objects  and  purposes  of  school 

1052  Supervision  and  control  of  school 

1053  Maintenance 


[Text  of  article  omitted.'] 


276 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  41-A 

[Added  by  L.  1913,  ch.  675.] 

State  School  of  Agriculture  and  Domestic 
Science  at  Delhi 

Section  1055  Establishment  of  school 

1056  Management  and  control 

1057  Powers  and  duties  of  board  of  control 

1058  Objects  and  purposes  of  school 

1059  Tuition  and  fees 

1060  Reports 

[Text  of  article  omitted .] 


ARTICLE  42 

State  School  of  Agriculture  at  Alfred 
University- 

section  1070  Corporate  name 

1071  Objects  and  purposes  of  school 

1072  Supervision  and  maintenance  of  school 

[Text  of  article  omitted .] 

ARTICLE  42-A 

[Added  by  L.  1911,  ch.  852 ] 

State  School  of  Ag-riculture  at  Cobleskill 

Section  1075  Establishment  and  corporate  name 

1076  Objects  and  purposes  of  school 

1077  Management  and  control  of  school 

1078  Powers  and  duties  of  board  of  trustees 

[Text  of  article  omitted .] 


ARTICLE  43 

State  School  of  Agriculture  at  Morrisville 

Section  1090  Corporate  name 

1091  Objects  and  purposes  of  school 

1092  Management  and  control  of  school 

1093  Powers  and  duties  of  board  of  trustees 

1094  Power  to  acquire  real  estate;  proceedings  therefor 

[Text  of  article  omitted.  1 


EDUCATION  LAW 


277 


ARTICLE  43-A 

[Added  by  L.  1910 , ch.  Ml] 

Retirement  Fund  for  Teachers  in  State 
Institutions 


Section  1095 

1096 

1097 

1098 

1099 
1099-a 


Retirement  of  certain  teachers  in  state  institutions  and 
tutions  receiving  state  pupils 
Certificate  of  retirement  upon  application 
Retirement  upon  recommendation  of  governing  body  of 
tution  where  teacher  is  employed 
Amount  to  be  paid  to  such  retired  teacher 
Time  and  manner  of  payments 
Employment  of  teachers  who  have  retired 


insti- 


insti- 


[Text  of  article  omitted .] 


ARTICLE  43-B 


[Added  by  L.  1911,  ch.  M9 ] 


State  Teachers  Retirement  Fund  for  Public 
School  Teachers 


Section  1100  Definitions 


1101  Establishment  of  state  teachers  retirement  fund 

1102  State  teachers  retirement  fund  board 

1103  Vacancies;  resignations;  removal  from  office 

1104  Officers  of  board;  salaries  And  expenses;  meetings 

1105  State  Treasurer  ex-officio  treasurer  of  fund;  investments 

1106  Powers  of  board 

1107  Rules  of  board 

1108  Contributions  to  fund;  deductions  from  salary 
1108-a  Method  of  payment  into  state  treasury 

1109  Retirement  of  teachers 


1109-a  Payment  of  annuities 

1109-6  Application  of  article  to  certain  counties,  cities  and  districts; 
voluntary  contributions 

1109-c  Service  as  school  commissioner  to  be  counted 


§ 1100  Definitions.  The  word  “ teacher  ” as  used  in  this 
article  includes  teachers  and  principals  employed  in  public  schools 
of  the  cities  and  school  districts  of  the  State  and  in  schools  on 
the  Indian  reservations,  and  shall  also  include  superintendents 
employed  as  provided  by  law  in  cities  and  union  free  school  dis- 
tricts having  a population  of  five  thousand  or  more,  and  district 
superintendents  of  schools  appointed  as  provided  by  law  in  the 
supervisory  districts  of  the  several  counties  of  the  State.  Services 
as  such  district  superintendents  or  as  school  commissioner  shall 


278  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

be  deemed  to  be  teaching  in  the  public  schools  within  the  meaning 
of  this  article.  The  term  “ public  school  ” as  used  in  this  article 
shall  be  deemed  to  include  an  academy  in  a union  free  school  dis- 
trict which  has  been  adopted  as  the  academic  department  of  such 
union  free  school  district,  as  provided  in  section  318  of  the  Edu- 
cation Law,  or  with  which  a contract  has  been  made  by  the  board 
of  education  of  such  district  as  provided  in  section  319  thereof. 
The  word  “ teacher  ” as  so  used  shall  also  include  teachers 
employed  in  schools  maintained  by  duly  incorporated  orphan 
asylum  societies  in  this  State,  which  schools  participate  in  the 
distribution  of  public  moneys  as  provided  in  article  35  of  this 
chapter,  and  such  teachers  shall  be  entitled  to  the  privileges  con- 
ferred by  this  article  and  be  subject  to  the  provisions  thereof. 
The  words  “ retirement  fund  ” as  used  in  this  article  shall  mean 
the  New  York  state  teachers  retirement  fund  for  public  school 
teachers  as  established  by  this  article.  The  term  <e  school  com- 
missioner ” as  used  in  any  section  of  this  article  shall  be  deemed 
to  mean  the  district  superintendent  of  schools.  [ Added  by  L. 
1911 , ch.  ^9,  and  amended  by  L.  1913 , ch.  511 ; and  by  L.  1919, 
ch.  103,  in  effect  March  27,  1919.] 

§ 1101  Establishment  of  state  teachers  retire- 
ment fund.  There  is  hereby  established  the  New  York  state 
teachers  retirement  fund  for  public  school  teachers  which  shall 
consist  of: 

1 All  contributions  made  by  teachers,  school  districts  and  cities, 
as  hereinafter  provided. 

2 The  income  or  interest  derived  from  the  investment  of  the 
moneys  contained  in  such  fund. 

3 All  donations,  legacies,  gifts  and  bequests  which  shall  be 
made  to  such  fund,  and  all  moneys  which  shall  be  obtained  from 
other  sources  for  the  increase  of  such  fund. 

4 Appropriations  made  by  the  State  Legislature  from  time  to 
time  to  carry  into  effect  the  purposes  of  such  fund,  and  which 
appropriations  when  made  shall  be  paid  into  such  fund  and  may 
be  expended  in  the  same  manner  as  other  moneys  belonging 
thereto.  [ Added  by  L.  1911,  ch.  lflf.9,  and  amended  by  L.  19 H, 
ch.  J/.1/..] 

§ 1102  State  teaeliers  retirement  fund  board.  The 

state  teachers  retirement  fund  board  shall  consist  of  five  members 
to  be  appointed  by  the  Commissioner  of  Education  as  hereinafter 
provided.  One  of  such  members  shall  be,  at  the  time  of  his  ap- 
pointment, a superintendent  of  schools  in  a city  or  district;  one 


EDUCATION  DAW 


279 


shall  be  at  the  time  of  his  appointment  an  academic  principal,  and 
one  shall  be  at  the  time  of  his  appointment  a teacher  engaged  in 
teaching  in  an  elementary  school.  At  least  one  of  such  members 
shall  be  a woman  teacher  in  the  public  schools.  Such  appointments 
shall  be  made  within  ten  days  after  this  act  takes  effect.  The  mem- 
bers of  such  board  first  appointed  shall  hold  office  for  terms  of  one, 
two,  three,  four  and  five  years  from  January  1,  1912,  to  be  desig- 
nated by  the  Commissioner  of  Education  when  he  appoints  such 
members.  Their  successors  shall  be  appointed  for  terms  of  five 
years.  A vacancy  occurring  in  the  office  of  any  member  shall  be 
filled  for  the  unexpired  term.  [Added  by  L.  1911,  ch.  JJ9.] 

§ 1103  Vacancies;  resignations;  removal  from 

office.  A vacancy  in  the  office  of  a member  of  the  board  shall  be 
created  by  death,  resignation,  refusal  to  serve,  removal  from  office, 
or  absence  from  the  State  for  a period  of  one  year.  A member  of 
such  board  may  resign  by  written  resignation  submitted  to  the 
Commissioner  of  Education  and  accepted  by  him.  The  Com- 
missioner of  Education  may  remove  a member  of  such  board  for 
cause,  after  service  upon  him  of  written  charges  and  an  oppor- 
tunity to  be  heard  in  defense  thereof.  [ Added  by  L.  1911, 
ch. 

§ 1104  Officers  of  board;  salaries  and  expenses; 
meetings.  There  shall  be  a president,  vice  president  and  secre- 
tary of  such  board,  to  be  elected  by  a majority  vote  of  the  members 
of  the  board.  The  president  and  vice  president  shall  be  elected  for 
terms  of  one  year.  The  term  of  office  of  the  secretary  shall  be  fixed 
by  the  board.  The  secretary  need  not  be  a member  of  the  board. 
His  salary  or  compensation  shall  be  prescribed  by  the  board,  not  ex- 
ceeding two  thousand  dollars  a year,  subject  to  the  approval  of  the 
Commissioner  of  Education.  The  members  of  the  board  shall 
serve  without  compensation,  but  they  shall  be  entitled  to  their 
expenses  actually  incurred  in  attending  the  meetings  of  the  board 
and  in  performing  services  as  members  thereof. 

The  board  shall  meet  annually  in  the  Education  Building  at  Al- 
bany, on  the  second  Wednesday  in  January,  and  shall  have  stated 
meetings  at  the  same  place,  at  least  once  in  each  three  months,  as 
determined  by  the  regulations  of  the  board.  If  a member  of  the 
board  be  absent  from  two  consecutive  stated  meetings  without  a 
reasonable  excuse  for  such  absence,  accepted  by  the  board,  his  office 
shall  be  declared  vacant  by  the  Commissioner  of  Education,  upon 
notice  being  received  by  him  of  such  unexcused  absences,  and  such 


280 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


vacancy  shall  be  filled  as  hereinbefore  provided.  [Added  by 
L.  1911,  ch.  U9.] 

§ 1105  State  Treasurer  ex-officio  treasurer  of 
fund;  investments.  The  State  Treasurer  shall  be  ex-officio 
treasurer  of  the  retirement  fund  and  shall  be  the  custodian  thereof. 
The  moneys  belonging  thereto  shall  be  deposited  by  him  in  banks 
or  trust  companies  and  the  law  relating  to  the  deposit  of  state 
funds  in  such  hanks  and  trust  companies  shall  apply  so  far  as  may 
be  to  the  deposit  of  moneys  belonging  to  the  said  retirement  fund. 
The  state  teachers  retirement  fund  hoard  shall  determine  from 
time  to  time  as  to  what  portion  of  the  retirement  fund  shall  be 
permanently  invested.  Such  fund  shall  only  be  invested  in  those 
securities  in  which  the  trustees  of  a savings  bank  may  invest  the 
moneys  deposited  therein,  as  provided  by  section  146  of  the  hank- 
ing law.  When  such  board  shall  determine  that  any  portion  of 
said  fund  should  be  so  invested,  it  shall  by  resolution,  duly  adopted 
by  a majority  vote  of  the  members  of  the  board,  direct  the  treas- 
urer to  invest  such  portion  of  the  fund  in  any  of  said  securities. 
[Added  by  L.  1911,  ch.  1/-1/-9.] 

§ 1106  Powers  of  board.  The  state  teachers  retirement 
fund  board,  subject  to  the  provisions  of  this  article  and  of  any 
other  statute,  shall  have  power: 

1 To  appoint  and  employ  such  officers  and  employees  as  may  be 
necessary  to  carry  into  effect  the  provisions  of  this  article,  and  fix 
their  compensation. 

2 To  prescribe  the  duties  of  its  secretary  and  other  officers  and 
employees. 

3 To  conduct  investigations  into  all  matters  relating  to  the 
operation  of  this  article,  and  subpoena  witnesses  and  compel  their 
attendance  to  testify  before  it  in  respect  to  such  matters,  and  any 
member  of  the  board  may  administer  oaths  or  affirmations  to  such 
witnesses. 

4 To  require  boards  of  education,  trustees,  and  other  school 
authorities,  and  all  officers,  having  duties  to  perform  in  respect  to 
contributions  by  teachers  to  the  retirement  fund,  to  report  to  the 
board  from  time  to  time,  as  to  such  matters  pertaining  to  the  pay- 
ment of  such  contributions,  as  it  shall  deem  advisable,  and  may 
prescribe  the  form  of  such  reports. 

5 To  draw  its  warrants  upon  the  State  Treasurer  for  the  pay- 
ment of  annuities  to  teachers  who  have  been  retired  as  provided  in 
this  article,  and  for  the  purchase  of  such  securities  as  the  board 
shall  have  decided  to  purchase  as  provided  in  this  article.  No 
payments  shall  be  made  from  the  teachers  retirement  fund  except 


EDUCATION  LAW 


281 


by  warrant  signed  by  the  president  of  the  board,  drawn  after  reso- 
lution duly  adopted  at  a meeting  of  the  board  by  a majority  of  its 
members,  which  adoption  shall  be  attested  by  the  secretary  of  the 
board.  [ Added  by  L.  1911,  ch.  449.] 

§ 1107  Rules  of  board.  The  state  teachers  retirement 
fund  hoard  shall  make  rules  not  inconsistent  with  the  provisions  of 
this  article  which,  when  approved  by  the  Commissioner  of  Educa- 
tion, shall  have  the  force  and  effect  of  law.  Such  rules  shall 

1 Provide  for  the  conduct  and  regulation  of  the  meetings  of 
the  board  and  the  transaction  of  the  business  thereof. 

2 Provide  for  the  enforcement  and  carrying  into  effect  of  the 
provisions  of  this  article. 

3 Prescribe  the  manner  of  payment  of  contributions  by  teachers 
to  the  retirement  fund,  and  the  payment  of  annuities  therefrom. 

4 Establish  a system  of  accounts  showing  the  condition  of  such 
fund,  and  receipts  and  expenditures. 

5 Prescribe  the  method  of  making  payments  from  such  fund 
to  annuitants  and  giving  receipts  for  such  payments. 

6 Prescribe  the  forms  of  warrants,  vouchers,  receipts,  reports 
and  accounts  to  be  used  by  annuitants  and  officers  having  duties 
to  perform  in  respect  to  such  fund. 

Y Regulate  the  duties  of  boards  of  education,  trustees,  and 
other  officers  imposed  upon  them  by  this  article,  in  respect  to  the 
contributions  by  teachers  to  the  retirement  fund,  and  the  deduc- 
tion of  such  contributions  from  teachers’  salaries.  [Added  by 
L.  1911,  ch.  U9.] 

§ 1108  Contributions  to  fund;  deductions  from 
salaries.  All  teachers  employed  in  the  public  schools  in  this 
State  except  in  those  counties,  districts  or  cities  in  which  pro- 
vision is  already  made  by  statute  for  the  retirement  of  public 
school  teachers  and  the  payment  of  annuities  or  pensions  to  such 
teachers,  who  enter  into  contracts  for  such  employment  after  the 
date  on  which  this  act  takes  effect,  shall  contribute  to  the  teachers 
retirement  fund  one  per  centum  of  the  salaries  to  be  paid  to  such 
teachers  annually  according  to  the  terms  of  such  contracts.  Dis- 
trict superintendents  of  schools  shall  contribute  to  such  funds  one 
per  centum  of  the  salaries  received  by  them  for  their  services, 
either  from  the  State  or  from  the  towns  comprising  their  super- 
visory districts,  as  provided  by  law.  On  and  after  such  date  all 
such  contracts  shall  be  deemed  to  have  been  made  subject  to  the 
provisions  of  this  article,  and  the  requirement  as  to  such  contri- 
bution shall  become  a part  of  and  enter  into  all  such  contracts. 
All  school  districts  and  cities  shall  contribute  to  such  fund  an 


282 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


amount  equal  to  that  contributed,  as  above  provided,  by  the 
teachers  employed  in  the  public  schools  of  such  districts  and 
cities,  to  be  deducted  from  the  public  moneys  apportioned  thereto 
by  the  Commissioner  of  Education. 

Boards  of  education,  trustees  and  other  school  authorities  hav- 
ing duties  to  perform  in  respect  to  the  payment  of  salaries  to 
public  school  teachers  in  their  districts  or  cities,  shall  cause  to  be 
deducted  from  each  warrant  or  order  issued  to  any  of  such 
teachers  for  the  payment  of  the  salary  of  such  teachers,  the 
amount  due  by  such  teachers  to  the  teachers  retirement  fund. 
The  Commissioner  of  Education  shall  cause  to  be  deducted  from 
the  salaries  paid  to  teachers  employed  in  schools  on  the  Indian 
reservations  and  to  district  superintendents  of  schools  the  amount 
required  to  be  contributed  by  them  to  the  teachers  retirement 
fund,  and  shall  cause  the  same  to  be  paid  into  such  fund.  [ Added 
by  L.  1911 , ch.  l±J+9,  and  amended  by  L.  1913 , cli.  511 , and  by  L. 
191^  ch.  U-] 

§ 1108-a  Method  of  payment  into  state  treasury. 

1  The  district  superintendent  of  each  supervisory  district  shall 
include  in  his  annual  report  to  the  Commissioner  of  Education,  a 
statement  showing  the  amount  required  to  be  deducted  from  the 
salaries  of  teachers  in  each  school  district  under  his  supervision, 
under  section  1108  of  this  act. 

2 The  superintendent  of  schools  of  each  city  shall  also  include 
in  his  annual  report  to  the  Commissioner  of  Education,  a state- 
ment showing  the  amount  required  to  be  deducted  under  the  pro- 
visions of  section  1108  of  this  act  from  the  salaries  of  teachers 
employed  in  such  city. 

3 The  district  superintendent  of  each  supervisory  district  and 
the  superintendent  of  each  city  shall  file  with  the  treasurer 
of  the  county  in  which  such  supervisory  district  or  city  is  located, 
a statement  showing  the  amount  respectively  reported  by  them 
to  the  Commissioner  of  Education  as  provided  in  subdivisions  1 
and  2 of  this  section  as  being  the  amount  required  to  be  de- 
ducted from  the  salaries  of  teachers  in  their  respective  super- 
visory districts  and  cities  under  the  provisions  of  section  1108 
of  this  act.  Such  statements  to  the  county  treasurer  shall  also 
respectively  show  the  aggregate  amount  required  to  be  so  deducted 
from  the  salaries  of  teachers  employed  in  each  town  in  such  super- 
visory district  and  from  the  salaries  of  teachers  employed  in  each 
city. 


EDUCATION  LAW 


283 


4 The  district  superintendent  of  each  supervisory  district 
shall  file  with  the  supervisor  of  each  town  within  such  super- 
visory district  at  the  time  he  files  his  certificate  of  apportion- 
ment of  public  school  moneys,  a statement  showing  the  amount 
required  to  be  deducted  from  the  salaries  of  the  teachers  employed 
in  each  school  district  in  such  town.  The  superintendent  of  each 
city  shall  file  with  the  chamberlain  or  treasurer  of  such  city  a 
duplicate  of  the  certificate  which  he  is  required  to  file  with  the 
county  treasurer  under  subdivision  3 of  this  section. 

5 When  the  Commissioner  of  Education  apportions  the  money 
appropriated  by  the  Legislature  for  the  support  of  common  schools 
to  the  several  counties  of  the  State,  he  shall  cause  to  be  deter- 
mined from  the  official  reports  of  district  and  city  superintendents 
the  amount  required  to  be  deducted  from  the  salaries  of  the 
teachers  employed  in  each  county  who  come  under  the  provisions 
of  this  act  as  required  by  section  1108,  and  also  the  amount  to  be 
contributed  by  the  school  districts  and  cities,  in  which  such 
teachers  are  employed,  as  provided  by  said  section  1108. 

6 The  Commissioner  of  Education  shall  include  in  the  certifi- 
cate which  he  files  with  the  Comptroller  showing  the  amount  of 
state  funds  apportioned  for  the  support  of  common  schools  to  each 
county,  a statement  showing  the  amount  required  to  be  deducted 
from  the  salaries  of  teachers  in  each  of  such  counties,  and  the 
amount  to  be  contributed  by  the  school  districts  and  cities  in 
which  such  teachers  are  employed,  as  required  under  section 
1108  of  this  act. 

7 The  Comptroller  shall  issue  his  warrant  to  the  State  Treas- 
urer directing  such  treasurer  to  credit  to  the  retirement  fund 
created  herein  from  the  appropriation  for  the  support  of  common 
schools  an  amount  equal  to  the  aggregate  amount  required  to  be 
deducted  from  the  salaries  of  teachers  in  the  several  counties  of 
the  State  together  with  the  aggregate  amount  of  the  contributions 
required  to  be  made  by  the  school  districts  and  cities  in  which 
such  teachers  are  employed,  as  shown  by  the  certificate  of  the 
Commissioner  of  Education  filed  with  him  as  directed  in  sub- 
division 6 of  this  section. 

8 The  Comptroller,  in  issuing  his  warrant  to  the  State  Treas- 
urer for  the  payment  to  each  county  of  that  portion  of  the  moneys 
appropriated  for  the  support  of  common  schools  and  payable  on 
or  before  March  first  of  each  year,  shall  deduct  therefrom  an 
amount  equal  to  the  amount  required  to  be  deducted  from  the  sal- 
aries of  teachers,  and  the  amount  required  to  be  contributed  bv  the 


284 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


school  districts  and  cities  in  which  such  teachers  are  employed, 
as  shown  by  the  certificate  of  the  Commissioner  of  Education  filed 
with  the  Comptroller  as  required  by  subdivision  6 of  this  section. 

9 The  county  treasurer  of  each  county  when  paying  to  the 
supervisors  of  the  towns  of  such  county  and  to  the  chamberlain 
or  treasurer  of  a city  in  such  county  the  first  half  of  the  money 
apportioned  annually  for  the  support  of  common  schools  shall  de- 
duct from  the  amount  apportioned  to  each  town  and  city  an 
amount  equal  to  the  amount  to  be  deducted  from  the  salaries  of 
the  teachers  in  such  town  or  city,  and  the  amount  to  be  con- 
tributed by  the  school  districts  or  city,  as  shown  by  the  certificate 
of  the  district  and  city  superintendents  filed  with  such  treasurer 
as  directed  by  subdivision  3 of  this  section. 

10  The  supervisor  of  each  town  shall  pay  to  the  collector  or 
treasurer  of  each  school  district  in  such  town  or  to  the  teachers 
employed  in  such  districts  toward  their  salaries  on  the  order  of 
the  trustees  of  such  districts  the  amount  apportioned  to  such  dis- 
tricts respectively  less  the  amount  required  to  be  deducted  from 
the  salaries  of  the  teachers  in  such  districts,  and  the  amount  to 
be  contributed  by  the  school  districts  in  such  towns,  as  shown 
by  the  certificate  of  the  district  superintendent  filed  with  such 
supervisors  as  directed  by  subdivision  4 of  this  section.  [ Added 
by  L.  1911,  ch.  ^9,  and  amended  by  L.  19 H,  ch.  1/J/-.] 

§ 1109  Retirement  of  teachers.  1 A teacher  who  is 
employed  in  the  public  schools  of  the  State  and  who  has  taught 
in  such  public  schools  for  a period  of  thirty-five  years,  or  a teacher 
who  has  taught  in  public  schools  for  a period  of  twenty-five  years, 
at  least  the  last  fifteen  years  of  which  period  shall  have  been 
taught  in  the  public  schools  in  this  State  shall,  upon  his  retire- 
ment from  actual  service  as  such  teacher,  as  hereinafter  pro- 
vided, be  entitled  to  an  annuity  of  a sum  equal  to  one-half  of 
the  average  annual  salary  of  such  teacher  for  the  period  of  five 
years  prior  to  the  time  of  such  retirement,  provided  that  no  an- 
nuity shall  exceed  the  sum  of  six  hundred  dollars. 

2 A teacher  who  has  taught  in  public  schools  for  a period  of 
fifteen  years,  at  least  the  last  nine  of  which  were  taught  in  the 
public  schools  in  this  State,  who  is  either  physically  or  mentally 
incapable  of  teaching,  may  be  retired,  and  shall,  upon  his  retire- 
ment, be  entitled  to  an  annuity  of  as  many  twenty-fifths  of  the  full 
annuity  for  twenty-five  years  as  said  teacher  has  taught  years. 
Such  teacher  receiving  an  allowance  under  this  subdivision  may. 
upon  order  of  the  state  teachers  retirement  fund  board,  at  any 


EDUCATION  LAW 


285 


time  within  two  years  after  date  of  retirement,  be  subjected  to  an 
examination  by  a legally  qualified  physician  appointed  by  said 
retirement  board,  and  if,  upon  such  examination,  it  is  certified  to 
the  board  that  such  teacher  is  no  longer  incapable  of  employment 
as  a teacher,  the  board  may  make  an  order  that  no  further  pay- 
ments of  annuities  shall  be  made  until  such  teacher  is  subsequently 
retired  by  the  board,  but  in  no  case  shall  the  amount  of  annuity 
at  the  subsequent  retirement  be  less  than  that  granted  upon  the 
former  retirement.  [ Amended  by  L.  1918 , ch.  256.] 

3 Such  retirement  may  be  bad  on  the  request  of  the  teacher, 
or  upon  the  request  of  a board  of  education  in  a city  or  union  free 
school  district.  A request  for  retirement  shall  be  made  in  writ- 
ing addressed  to  state  teachers  retirement  fund  board,  accom- 
panied by  evidence  showing  that  the  teacher  named  therein  is 
entitled  to  retirement,  and  that  he  has  complied  with  the  pro- 
visions of  this  article  and  the  rules  of  the  board  relating  to  the 
payment  of  annuities.  The  board  shall  pass  upon  all  requests  for 
retirement,  and  shall  determine  whether  such  requests  shall  be 
granted.  In  determining  the  number  of  years  required  to  he 
taught  by  a teacher  to  entitle  her  to  an  annuity  upon  retirement 
as  provided  in  this  section,  the  board  may  give  to  the  teacher 
requesting  retirement  credit  for  the  period  taught  in  an  academy 
in  a union  free  school  district  which  subsequent  to  such  period 
was  adopted  as  the  academic  department  of  such  district  or  with 
which  a contract  was  made  by  the  hoard  of  education  of  such  dis- 
trict for  the  instruction  of  the  pupils  of  such  district,  as  provided 
by  sections  318  and  319  of  the  Education  Law. 

4 All  determinations  of  the  hoard  relative  to  such  requests  and 
the  payment  of  annuities  to  teachers  shall  he  subject  to  appeal  to 
the  Commissioner  of  Education.  The  provisions  of  article  34 
of  the  Education  Law,  relative  to  appeals,  shall  apply  to  appeals 
from  such  determination.  [Added  by  L.  1911,  ch.  1+1+9,  and 
amended  by  L.  191J+,  ch.  1+1+ , and  by  L.  1919,  ch.  103,  in  effect 
March  27,  1919.] 

§ 1109-a  Payment  of  annuities.  1 A teacher  shall 
not  be  entitled  to  an  annuity  who  has  not  contributed  to  the  re- 
tirement fund  an  amount  equal  to  at  least  fifty  per  centum  of  his 
annuity.  But  a teacher  who  is  otherwise  entitled  to  retirement 
and  an  annuity  under  this  article,  may  become  an  annuitant  and 
entitled  to  an  annuity  by  making  a cash  payment  to  the  retirement 
fund  of  an  amount  which  when  added  to  his  previous  contribu- 
tions to  such  fund,  will  equal  fifty  per  centum  of  his  annuity. 


286 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


2 Iii  case  a teacher  who  shall  retire  or  be  retired,-  is  unable 
to  pay  in  advance  the  sum  required  to  make  up  the  said  fifty 
per  centum  of  the  annuity,  the  payment  of  such  annuity  may 
be  withheld  until  the  portion  of  the  annuity  withheld  shall  equal 
the  sum  required  to  make  up  said  fifty  per  centum  of  the  annuity. 

3 Annuities  shall  be  paid  quarterly  to  the  teachers  entitled 
thereto,  upon  the  warrants  or  orders  signed  by  the  president  and 
secretary  of  the  state  teachers  retirement  fund  board.  Vouchers 
or  receipts  shall  be  signed  in  duplicate  by  annuitants  upon  re- 
ceiving the  money  paid  to  them.  Such  duplicate  receipts  shall 
be  returned  to  the  secretary  of  the  board,  and  one  of  them  shall 
be  retained  in  his  office  and  the  other  shall  be  filed  in  the  office 
of  the  State  Treasurer. 

4 Each  annuity  shall  date  from  the  time  when  the  state  teachers 
retirement  board  shall  take  action  upon  the  request  made  as  herein 
provided  for  the  retirement  of  the  annuitant. 

5 In  case  an  annuity  shall  be  paid  hereunder  to  a teacher  who 
has  contributed  to  a teachers  retirement  or  pension  fund  in  a 
city,  county  or  district  in  accordance  with  a special  or  local  act 
applicable  thereto,  the  amount  so  contributed  shall  be  paid  on  the 
order  of  the  state  teachers  retirement  fund  board  by  the  custodian 
of  such  local  retirement  or  pension  fund  into  the  state  retirement 
fund,  and  the  amount  so  paid  shall  be  credited  to  such  teacher  as 
a contribution  to  the  state  fund.  In  case  an  annuity  is  paid  to  a 
teacher  who  has  contributed  to  the  state  retirement  fund  as  pro- 
vided in  this  article,  under  a special  or  local  act,  applicable  to 
the  retirement  of  teachers  in  a city,  county  or  district,  the  amount 
of  such  contributions  shall  be  paid  by  the  treasurer  of  the  state 
teachers  retirement  fund  into  the  teachers  retirement  or  pension 
fund  of  such  city,  county  or  district,  and  such  amount  shall  be 
credited  to  such  teacher  as  a contribution  to  such  fund. 
[Added  by  L.  1911,  ch.  1/49,  and  amended  by  L.  1911 ch . 4A] 

§ 1109-b  Application  of  article  to  certain  counties, 
cities  and  districts;  voluntary  contributions.  This 
article  shall  not  apply  to  any  county,  city  or  district  in  which  the 
teachers  in  the  public  schools  thereof  are  required  or  authorized 
to  contribute  to  a teachers  retirement  fund,  or  in  which  such 
teachers  are  entitled  to  annuities  or  pensions,  in  accordance  with 
any  special  or  local  act  applicable  to  such  county,  city  or  district. 
Provided,  that  whenever  the  state  teachers  retirement  fund  board 
is  satisfied  that  more  than  two-thirds  of  all  the  teachers  employed 


EDUCATION  LAW 


287 


in  the  public  schools  of  any  such  county,  city  or  district  are  willing 
to  become  subject  to  this  article,  as  shown  by  a petition  duly  signed 
and  verified  by  such  teachers,  such  board  shall  issue  its  order 
directing  that  on  and  after  the  date  thereof  this  article  shall  apply 
to  such  county,  city  or  district.  A copy  of  such  order  shall  he 
mailed  to  the  several  teachers  employed  in  the  county,  city  or 
district  to  which  such  order  relates  and. to  the  boards  of  education, 
trustees  or  other  school  authorities  therein,  and  thereupon  the 
provisions  of  this  article  shall  apply  to  such  county,  city  or  district 
to  the  same  extent  and  for  the  same  purposes  as  to  the  other 
counties,  cities  and  districts  of  the  State.  Thereupon  the  organiza- 
tion or  society  created  under  the  said  local  or  special  act  applicable 
to  a county,  city  or  district  shall  be  dissolved  and  discontinued  and 
the  treasurer  or  other  custodian  of  the  funds  of  such  organization 
or  society  shall  pay  into  the  state  treasury  any  funds  in  his  pos- 
session belonging  to  the  said  organization  or  society,  after  paying 
any  outstanding  obligations  other  than  annuities.  Such  funds 
shall  be  credited  to  the  retirement  fund  provided  for  herein.  All 
persons  who  had  been  placed  upon  the  retired  list  pursuant  to  the 
provisions  of  such  local  or  special  act,  previous  to  the  date  when 
such  local  organization  or  society  determined  to  come  under  the 
provisions  of  this  act,  shall  become  annuitants  under  this  act  and 
shall  be  entitled  to  receive  the  same  amount  which  they  would 
have  been  entitled  to  receive  under  the  provisions  of  their  retire- 
ment under  said  local  or  special  act  had  such  organization  or  so- 
ciety created  thereunder  not  been  dissolved  and  discontinued. 
Upon  the  execution  and  service  of  such  order  the  teachers  em- 
ployed in  the  county,  city  or  district  to  which  such  order  relates, 
shall  contribute  one  per  centum  of  their  salaries  to  the  retirement 
fund  and  they  shall  be  entitled  to  all  the  privileges  thereof,  under 
the  conditions  and  restrictions  imposed  by  this  article  and  the 
rules  of  the  board.  [ Added  by  L.  1911,  cJi.  4-4^-] 

§ 1109-c  Service  as  school  commissioner  to  be 
counted.  In  computing  the  term  of  service  of  a teacher  for 
the  purpose  of  granting  an  annuity  to  such  teacher  under  the 
provisions  of  this  article,  the  time  during  which  any  such  teacher 
shall  have  filled  the  office  of  school  commissioner  as  defined  in 
section  300  of  the  Education  Law,  being  chapter  21  of  the  Laws 
of  1909,  and  which  office  was  abolished  by  chapter  607  of  the 
; Laws  of  1910,  prior  to  the  time  this  amendment  takes  effect,  shall 
be  included.  [ Added  by  L.  19 IS,  ch.  509 .] 


288 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  44 
Libraries 


Section  1110 

State  Library,  how  constituted 

1111 

State  medical  library 

1112 

Manuscript  and  records  “ on  file  ” 

1113 

State  Library,  when  open;  use  of  books 

1114 

Duplicate  department 

1115 

Transfers  from  state  officers 

1116 

Other  libraries  owned  by  the  State 

1117 

Public  and  free  libraries  and  museums 

1118 

Establishment 

1119 

Acceptance  of  conditonal  gift 

1120 

Subsidies 

1121 

Closing  of  museum;  admission  fee  during  certain  hours 

1122 

Taxes 

1123 

Trustees 

1124 

Incorporation 

1125 

Use  of  free  public  libraries 

1126 

Reports 

1127 

Injuries  to  property 

1128 

Detention 

1129 

Transfer  of  libraries 

1130 

Local  neglect 

1131 

Loans  of  books  from  State 

1132 

Advice  and  instruction  from  State  Library  officers 

1133 

Apportionment  of  public  library  moneys 

1134 

Abolition 

1135 

Use  and  care  of  school  library 

1135-1 

a Librarians  of  school  libraries 

1136  Existing  rules  continued  in  force 

1137  Authority  to  raise  and  receive  money  for  school  library 

1138  Authority  to  transfer  school  library  property  to  free  public 

library 

1139  Transfer  of  property  not  in  charge  of  librarian 

1140  Provision  for  change  to  free  public  library 

1141  Penalty  for  disobedience  to  library  law,  rules  or  orders 


§ 1110  State  Library,  how  constituted.  All  books, 
pamphlets,  manuscripts,  records,  archives  and  maps,  and  all  other 
property  appropriate  to  a general  library,  if  owned  by  the  State 
and  not  placed  in  other  custody  by  law,  shall  be  in  charge  of  the 
Regents  and  constitute  the  State  Library. 

§ 1111  State  medical  library.  The  state  medical  library 
shall  be  a part  of  the  New  York  State  Library  under  the  same 
government  and  regulations  and  shall  be  open  for  consultation  to 
every  citizen  of  the  State  at  all  hours  when  the  State  Library  is 


EDUCATION  LAW 


289 


open  and  shall  be  available  for  borrowing  books  to  every  accred- 
ited physician  residing  in  the  State  of  New  York,  who  shall 
conform  to  the  rules  made  by  the  Regents  for  insuring  proper  pro- 
tection and  the  largest  usefulness  to  the  people  of  the  said  medical 
library. 

§ 1112  Manuscript  and  records  “ on  file.”  Manu- 
script or  printed  papers  of  the  Legislature,  usually  termed  “ on 
file,”  and  which  shall  have  been  on  file  more  than  five  years  in 
custody  of  the  Senate  and  Assembly  clerks,  and  all  public  records 
of  the  State  not  placed  in  other  custody  by  a specific  law  shall  be 
part  of  the  State  Library  and  shall  be  kept  in  rooms  assigned  and 
suitably  arranged  for  that  purpose  by  the  trustees  of  public  build- 
ings. The  Regents  shall  cause  such  papers  and  records  to  be  so 
classified  and  arranged  that  they  can  be  easily  found.  No  paper 
or  record  shall  be  removed  from  such  files  except  on  a resolution 
of  the  Senate  and  Assembly  withdrawing  them  for  a temporary 
purpose,  and  in  case  of  such  removal  a description  of  the  paper  or 
record  and  the  name  of  the  person  removing  the  same  shall  be 
entered  in  a book  provided  for  that  purpose,  with  the  date  of  its 
delivery  and  return. 

§ 1113  State  Library,  when  open;  use  of  books. 

The  State  Library  shall  be  kept  open  not  less  than  eight  hours 
every  week  day  in  the  year  except  the  legal  holidays  known  as 
Independence  day,  Thanksgiving  day  and  Christmas  day,  and 
members  of  the  Legislature,  judges  of  the  Court  of  Appeals,  jus- 
tices of  the  Supreme  Court,  and  heads  of  state  departments  may 
borrow  from  the  Library  books  for  use  in  Albany,  but  shall  be 
subject  to  such  restrictions  and  penalties  as  may  be  prescribed  by 
the  Regents  for  the  safety  or  greater  usefulness  of  the  Library. 
Others  shall  be  entitled  to  use  or  borrow  books  from  the  Library 
only  on  such  conditions  as  the  Regents  shall  prescribe. 

§ 1114  Duplicate  department.  The  Regents  shall 
have  charge  of  the  preparation,  publication  and  distribution, 
whether  by  sale,  exchange  or  gift,  of  the  colonial  history,  natural 
history  and  all  other  state  publications  not  otherwise  assigned  by 
law.  To  guard  against  waste  or  destruction  of  state  publications, 
and  to  provide  for  the  completion  of  sets  to  be  permanently  pre- 
served in  American  and  foreign  libraries,  the  Regents  shall  main- 
tain a duplicate  department  to  which  each  state  department, 
bureau,  board  or  commission  shall  send  not  less  than  five  copies 
of  each  of  its  publications  when  issued,  and  after  completing  its 
10 


290 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YOKE 


distribution,  any  remaining  copies  which  it  no  longer  requires. 
The  above,  with  any  other  publications  not  needed  in  the  State 
Library,  shall  be  the  duplicate  department,  and  rules  for  sale,  ex- 
change or  distribution  from  it  shall  be  fixed  by  the  Regents,  who 
shall  use  all  receipts  from  such  exchanges  or  sales  for  expenses 
and  for  increasing  the  State  Library. 

§ 1115  Transfers  from  state  officers.  The  librarian 
of  any  library  owned  by  the  State,  or  the  officer  in  charge  of  any 
state  department,  bureau,  board,  commission  or  other  office  may, 
with  the  approval  of  the  Regents,  transfer  to  the  permanent  cus- 
tody of  the  State  Library  or  Museum  any  books,  papers,  maps, 
manuscripts,  specimens  or  other  articles  which,  because  of  being 
duplicates  or  for  other  reasons,  will  in  his  judgment  be  more  useful 
to  the  State  in  the  State  Library  or  Museum  than  if  retained  in 
his  keeping. 

§ 1116  Other  libraries  owned  by  the  State.  The 

report  of  the  State  Library  to  the  Legislature  shall  include  a state- 
ment of  the  total  number  of  volumes  or  pamphlets,  the  number 
added  during  the  year,  with  a summary  of  operations  and  condi- 
tions, and  any  needed  recommendation  for  safety  or  usefulness  for 
each  of  the  other  libraries  owned  by  the  State,  the  custodian  of 
which  shall  furnish  such  information  or  facilities  for  inspection 
as  the  Regents  may  require  for  making  this  report.  Each  of  these 
libraries  shall  be  under  the  sole  control  now  provided  by  law,  but 
for  the  annual  report  of  the  total  number  of  books  owned  by  or 
bought  each  year  by  the  State,  it  shall  be  considered  as  a branch 
of  the  State  Library  and  shall  be  entitled  to  any  facilities  for  ex- 
change of  duplicates,  interlibrary  loans  or  other  privileges  prop- 
erly accorded  to  a branch. 

§ 1117  Public  and  free  libraries  and  museums. 

All  provisions  of  this  section  and  of  sections  1118  to  1134  in- 
clusive shall  apply  equally  to  libraries,  museums,  and  to  com- 
bined libraries  and  museums,  and  the  word  a library  ” shall  be 
construed  to  include  reference  and  circulating  libraries  and 
reading-rooms. 

§ 1118  Establishment.  By  majority  vote  at  any  elec- 
tion, or  at  a meeting  of  the  electors,  duly  held,  any  county,  city, 
village,  town,  school  district,  or  other  body  authorized  to  levy  and 
collect  taxes  or  by  vote  of  its  common  council,  or  by  action  of  a 
board  of  estimate  and  apportionment  or  other  proper  authority, 
any  city,  or  by  vote  of  its  trustees,  any  village,  may  establish  and 
maintain  a free  public  library,  with  or  without  branches,  either  by 
itself  or  in  connection  with  any  other  body  authorized  to  maintain 


EDUCATION  LAW 


291 


such  library.  Whenever  twenty-five  taxpayers  shall  so  petition,  the 
question  of  providing  library  facilities  shall  be  voted  on  at  the 
next  election  or  meeting  at  which  taxes  may  be  voted,  provided 
that  due  public  notice  shall  have  been  given  of  the  proposed 
action.  A municipality  or  district  named  in  this  section  may 
raise  money  by  tax  to  establish  and  maintain  a public  library  or 
libraries,  or  to  provide  a building  or  rooms  for  its  or  their  use,  or 
to  share  the  cost  as  agreed  with  other  municipal  or  district  bodies, 
or  to  pay  for  library  privileges  under  a contract  therefor.  It  may 
also  acquire  real  or  personal  property  for  library  purposes  by 
gift,  grant,  devise  or  condemnation,  and  may  take,  buy,  sell,  hold 
and  transfer  either  real  or  personal  property  and  administer  the 
same  for  public  library  purposes.  A board  of  supervisors  of  a 
county  may  contract  with  the  trustees  of  a public  library  within 
such  county  or  with  any  other  municipal  or  district  body  having 
control  of  such  a library  to  furnish  library  privileges  to  the  people 
of  the  county,  under  such  terms  and  conditions  as  may  be  stated 
in  such  contract.  The  amount  agreed  to  be  paid  for  such  priv- 
ileges under  such  contract  shall  be  a charge  upon  the  county  and 
shall  be  paid  in  the  same  manner  as  other  county  charges. 
[Amended  by  L.  1919 , ch.  298 , in  effect  May  3 1919.'] 

§ 11X9  Acceptance  of  conditional  gift.  By  majority 
vote  at  any  election  or  at  a meeting  of  the  electors,  duly  held,  any 
municipality  or  district  or  by  three-fourths  vote  of  its  council, 
any  city,  or  any  public  library  in  the  University,  or  any  designated 
branch  thereof,  if  so  authorized  by  such  vote  of  a municipality, 
district,  or  council,  or  of  any  combination  of  such  voting  bodies, 
may  accept  gifts,  grants,  devises  or  bequests  for  public  library 
purposes  on  condition  that  a specified  annual  appropriation  shall 
thereafter  be  made,  by  the  municipality  or  district  or  combination 
so  authorizing  such  acceptance,  for  maintenance  of  such  library  or 
branches  thereof.  Such  acceptance,  when  approved  by  the  Regents 
of  the  University  under  seal  and  recorded  in  its  book  of  charters, 
shall  be  a binding  contract,  and  such  municipality  and  district 
shall  levy  and  collect  yearly  the  amount  provided  in  the  manner 
prescribed  for  other  taxes,  and  shall  maintain  any  so  accepted 
gift,  grant,  devise  or  bequest,  intact  and  make  good  any  impair- 
ment thereof.  A resolution  duly  adopted  at  a special  town  meet- 
ing in  a town,  called  and  held  as  provided  by  law,  accepting  a 
gift,  grant,  devise  or  bequest  for  public  library  purposes  on  condi- 
tion that  a specified  annual  appropriation  shall  thereafter  be  made 
by  the  town,  shall  be  of  the  same  force  and  effect  as  though  such 


292 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


resolution  had  been  adopted  by  a majority  vote  at  a town  meeting 
in  such  town  at  which  town  officers  were  elected.  [ Amended  by 
L.  1919,  ch.  298,  in  effect  May  3,  1919.] 

§ 1120  Subsidies.  By  vote  similar  to  that  required  by 
sections  1118  and  1119  money  may  be  granted  toward  the  sup- 
port of  libraries  not  owned  by  the  public  but  maintained  for  its 
welfare  and  free  use;  provided,  that  such  libraries  shall  be  sub- 
ject to  the  inspection  of  the  Regents  and  registered  by  them  as 
maintaining  a proper  standard,  that  the  Regents  shall  certify 
what  number  of  the  books  circulated  are  of  such  a character  as  to 
merit  a grant  of  public  money,  and  that  the  amount  granted 
yearly  to  libraries  on  the  basis  of  circulation  shall  not  exceed  ten 
cents  for  each  volume  of  the  circulation  thus  certified  by  the 
Regents. 

§ 1121  Closing:  of  museum;  admission  fee  during: 
certain  hours.  The  trustees  of  any  institution  supported  un- 
der this  chapter  by  public  money,  in  whole  or  in  part,  may,  so 
far  as  consistent  with  free  use  by  the  public  at  reasonable  or 
specified  hours,  close  any  of  its  museum  collections  at  certain 
other  hours,  for  study,  to  meet  the  demands  of  special  students 
or  for  exhibition  purposes,  and  may  charge  an  admission  fee  at 
such  hours,  provided  that  all  receipts’ from  such  fees  shall  be  paid 
into  the  treasury  and  be  used  for  the  maintenance  or  enlargement 
of  the  institution. 

§ 1122  Taxes.  Taxes,  in  addition  to  those  otherwise  au- 
thorized, may  be  voted  by  any  authority  named  in  section  1118 
and  for  any  purpose  specified  in  sections  1118  to  1120  inclusive, 
and  shall,  unless  otherwise  directed  by  such  vote,  be  considered 
as  annual  appropriations  therefor  till  changed  by  further  vote, 
and  shall  be  levied  and  collected  yearly,  or  as  directed,  as  are 
other  general  taxes;  and  all  moneys  received  from  taxes  or 
other  sources  for  such  library  shall  be  kept  as  a separate  library 
fund  by  the  treasurer  of  the  municipality  or  district  making  the 
appropriation  and  shall  be  expended  only  under  direction  of  the 
library  trustees  on  properly  authenticated  vouchers,  except  that 
money  received  from  taxes  for  the  support  of  a library  not  owned 
by  the  public  but  maintained  for  its  welfare  and  free  use  shall 
be  paid  over  to  the  treasurer  of  the  corporation  maintaing  such 
library  upon  the  written  demand  of  its  directors  or  trustees. 
[ Amended  by  L.  1918,  ch.  113,  in  effect  Api'il  3,  1918.] 

§ 1123  Trustees.  Free  public  libraries  established  by 
action  of  the  voters  or  their  representatives  shall  be  managed  bv 


EDUCATION  LAW 


293 


trustees  who  shall  have  all  the  powers  of  trustees  of  other  edu- 
cational institutions  of  the  University  as  defined  in  this  chapter; 
provided,  unless  otherwise  specified  in  the  charter,  that  the  num- 
ber of  trustees  shall  be  five,  except  that  in  a town  there  shall  be 
six;  that  they  shall  be  elected  by  the  legal  voters,  except  that  in 
cities  they  shall  be  appointed  by  the  mayor  with  the  consent  of 
the  common  council,  from  citizens  of  recognized  fitness  for  such 
position ; that  the  first  trustees  determine  by  lot  the  year  in  which 
the  term  of  office  of  each  trustee  shall  expire  and  that  a new 
trustee  shall  be  elected  or  appointed  annually  to  serve  for  five 
years,  except  that  in  a town  two  new  trustees  shall  be  elected  bien- 
nally  to  serve  for  six  years.  [ Amended  by  L.  1918 , ch.  118 , in 
effect  April  3,  1918.] 

§ 1124  Incorporation.  Within  one  month  after  taking 
office,  the  first  board  of  trustees  of  any  such  free  public  library 
shall  apply  to  the  Regents  for  a charter  in  accordance  with  the 
vote  establishing  the  library. 

§ 1125  Use  of  free  public  libraries.  Every  library 
established  under  section  1118  of  this  chapter  shall  be  forever 
free  to  the  inhabitants  of  the  locality  which  establishes  it,  subject 
always  to  rules  of  the  library  trustees,  who  shall  have  authority 
to  exclude  any  person  who  wilfully  violates  such  rules;  and  the 
trustees  may,  under  such  conditions  as  they  think  expedient, 
extend  the  privileges  of  the  library  to  persons  living  outside  such 
locality. 

§ 1126  Reports.  Every  library  or  museum  which  receives 
state  aid  or  enjoys  any  exemption  from  taxation  or  other  privilege 
not  usually  accorded  to  business  corporations  shall  make  the 
report  required  by  section  58  of  this  chapter,  and  such  report 
shall  relieve  the  institution  from  making  any  report  now  required 
by  statute  or  charter  to  be  made  to  the  Legislature,  or  to  any 
department,  court  or  other  authority  of  the  State.  These  reports 
shall  be  summarized  and  transmitted  to  the  Legislature  by  the 
Regents  with  the  annual  reports  of  the  State  Library  and  State 
Museum. 

§ 1127  Injuries  to  property.  Whoever  intentionally 
injures,  defaces  or  destroys  any  property  belonging  to  or  deposited 
in  any  incorporated  library,  reading-room,  museum  or  other  edu- 
cational institution,  shall  be  punished  by  imprisonment  in  a state 
prison  for  not  more  than  three  years,  or  in  a county  jail  for  not 
more  than  one  year,  or  by  a fine  of  not  more  than  five  hundred 
dollars,  or  by  both  such  fine  and  imprisonment. 


294 


THE  UNIVERSITY  OE  THE  STATE  OF  NEW  YORK 


§ 1128  Detention.  Whoever  wilfully  detains  any  book, 
newspaper,  magazine,  pamphlet,  manuscript  or  other  property  be- 
longing to  any  public  or  incorporated  library,  reading-room, 
museum  or  other  educational  institution,  for  thirty  days  after 
notice  in  writing  to  return  the  same,  given  after  the  expiration  of 
the  time  which  by  the  rules  of  such  institution,  such  article  or 
other  property  may  be  kept,  shall  be  punished  by  a fine  of  not 
less  than  one  nor  more  than  twenty-five  dollars,  or  by  imprison- 
ment in  the  jail  not  exceeding  six  months,  and  the  said  notice 
shall  bear  on  its  face  a copy  of  this  section. 

§ 1129  Transfer  of  libraries.  Any  corporation,  asso- 
ciation, school  district  or  combination  of  districts  may,  by  legal 
vote  duly  approved  by  the  Regents,  transfer,  conditionally  as  pro- 
vided in  section  1119  of  this  article,  or  otherwise,  the  ownership 
and  control  of  its  library,  with  all  its  appurtenances,  to  any 
municipality,  or  district,  or  public  library  in  the  University, 
or  any  designated  branch  thereof,  and  thereafter  such  transferee 
shall  be  entitled  to  receive  any  money,  books  or  other  property 
from  the  State  or  other  sources,  to  which  the  transferring  body 
would  have  been  entitled  but  for  such  transfer,  and  the  trustees 
or  body  making  the  transfer  shall  thereafter  be  relieved  of  all 
responsibility  pertaining  to  property  thus  transferred. 

§ 1130  Local  neglect.  If  the  local  authorities  of  any 
library  supported  wholly  or  in  part  by  state  money,  fail  to  provide 
for  the  support  and  public  usefulness  of  its  books,  the  Regents 
shall  in  writing  notify  the  trustees  of  said  library  what  is  neces- 
sary to  meet  the  State’s  requirements,  and  on  such  notice  all  its 
rights  to  further  grants  of  money  or  books  from  the  State  shall  be 
suspended  until  the  Regents  certify  that  the  requirements  have 
been  met;  and  if  said  trustees  shall  refuse  or  neglect  to  comply 
with  such  requirements  within  sixty  days  after  service  of  such 
notice,  the  Regents  may  remove  them  from  office  and  thereafter  all 
books  and  other  library  property  wholly  or  in  part  paid  for  from 
state  moneys  shall  be  under  the  full  and  direct  control  of  the 
Regents  who,  as  shall  seem  best  for  public  interests,  may  appoint 
new  trustees  to  carry  on  the  library,  or  may  store  it,  or  distribute 
its  books  to  other  libraries. 

§ 1131  Loans  of  "books  from  State.  Under  such  rules 
as  the  Regents  may  prescribe,  they  may  lend  from  the  State 
Library,  duplicate  department,  or  from  books  specially  given  or 
bought  for  this  purpose,  selections  of  books  for  a limited  time  to 


EDUCATION  LAW 


295 


any  public  library  in  this  State  under  visitation  of  tbe  Regents,  or 
to  any  community  not  yet  having  established  such  library,  but 
which  has  conformed  to  the  conditions  required  for  such  loans. 

§ 1132  Advice  and  instruction  from  State  Library 
officers.  The  trustees  or  librarian  or  any  citizen  interested  in 
any  public  library  in  this  State  shall  be  entitled  to  ask  from 
the  officers  of  the  State  Library  any  needed  advice  or  instruction 
as  to  a library  building,  furniture  and  equipment,  government 
and  service,  rules  for  readers,  selecting,  buying,  cataloging,  shelv- 
ing, lending  books,  or  any  other  matter  pertaining  to  the  estab- 
lishment, reorganization  or  administration  of  a public  library. 
The  Regents  may  provide  for  giving  such  advice  and  instruction 
either  personally  or  through  printed  matter  and  correspondence, 
either  by  the  State  Library  staff  or  by  a library  commission  of 
competent  experts  appointed  by  the  Regents  to  serve  without 
salary.  The  Regents  may,  on  request,  select  or  buy  books,  or 
furnish  them  instead  of  money  apportioned,  or  may  make 
exchanges  and  loans  through  the  duplicate  department  of  the 
State  Library.  Such  assistance  shall  be  free  to  residents  of  this 
State  as  far  as  practicable,  but  the  Regents  may,  in  their  dis- 
cretion, charge  a proper  fee  to  nonresidents  or  for  assistance  of 
a personal  nature  or  for  other  reason  not  properly  an  expense  to 
the  State,  but  which  may  be  authorized  for  the  accommodation  of 
users  of  the  Library. 

§ 1133  Apportionment  of  public  library  money. 

Such  sum  as  shall  have  been  appropriated  by  the  Legislature  as 
public  library  money  shall  be  paid  annually  by  the  Treasurer, 
on  the  warrant  of  the  Comptroller,  from  the  income  of  the  United 
States  deposit  fund,  according  to  an  apportionment  to  be  made 
for  the  benefit  of  free  libraries  by  the  Regents  in  accordance  with 
their  rules  and  authenticated  by  their  seal ; provided,  that  none 
of  this  money  shall  be  spent  for  books  except  those  approved 
or  selected  and  furnished  by  the  Regents;  that  no  locality  shall 
share  in  the  apportionment  unless  it  shall  raise  and  use  for  the 
same  purpose  not  less  than  an  equal  amount  from  taxation  or 
other  local  sources;  that  for  any  part  of  the  apportionment  not 
payable  directly  to  the  library  trustees  the  Regents  shall  file  with 
the  Comptroller  proper  vouchers  showing  that  it  has  been  spent  in 
accordance  with  law  exclusively  for  books  for  free  libraries  or  for 
proper  expenses  incurred  for  their  benefit;  and  that  books  paid 
for  by  the  State  shall  be  subject  to  return  to  the  Regents  whenever 
the  library  shall  neglect  or  refuse  to  conform  to  the  ordinances 
under  which  it  secured  them. 


296  THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 

§ 1134  Abolition.  Any  library  established  by  public  vote 
or  action  of  school  authorities,  or  under  section  1118  of  this 
chapter,  may  be  abolished  only  by  a majority  vote  at  a regular 
annual  election,  ratified  by  a majority  vote  at  the  next  annual 
election.  If  any  such  library  is  abolished  its  property  shall  be 
used  first  to  return  to  the  Regents,  for  the  benefit  of  other  public 
libraries  in  that  locality,  the  equivalent  of  such  sums  as  it  may 
have  received  from  the  State  or  from  other  sources  as  gifts  for 
public  use.  After  such  return  any  remaining  property  may  be 
used  as  directed  in  the  vote  abolishing  the  library,  but  if  the 
entire  library  property  does  not  exceed  in  value  the  amount  of 
such  gifts  it  may  be  transferred  to  the  Regents  for  public  use, 
and  the  trustees  shall  thereupon  be  free  from  further  responsi- 
bility. Ho  abolition  of  a public  library  shall  be  lawful  till  the 
Regents  grant  a certificate  that  its  assets  have  been  properly  dis- 
tributed and  its  abolition  completed  in  accordance  with  law. 

§ 1135  Use  and  care  of  school  library.  The  school 
library  shall  be  a part  of  the  school  equipment  and  shall  be  kept 
in  the  school  building  at  all  times.  Such  library  shall  be  devoted 
to  the  exclusive  use  of  the  school  except  as  otherwise  provided  by 
the  rules  of  the  Commissioner  of  Education  and  except  in  a dis- 
trict where  there  is  no  free  public  library,  in  which  case  such 
school  library  shall  be  a circulating  library  for  the  use  of  the 
residents  of  the  district. 

The  Commissioner  of  Education  shall  prescribe  rules  regulating 

1 The  purchase,  recording,  safekeeping  and  loaning  of  books 
in  school  libraries,  and  the  use  of  such  books  by  pupils  and 
teachers  in  the  public  schools. 

2 The  conditions  under  which  hooks  in  a school  library  in  a 
district  in  which  a public  library  is  situated,  may  be  used  by  the 
public. 

3 The  management  of  school  libraries  and  their  use  as  cir- 
culating libraries  by  the  residents  of  the  districts  in  which  they 
are  situated. 

4 The  contents  and  submission  of  reports  of  school  librarians, 
teachers  and  other  school  authorities  as  to  school  libraries. 
[Amended  by  L.  19  Ilf , ch.  51.] 

§ 1135-a  Librarians  of  school  libraries.  In  a city 
or  a union  free  school  district  maintaing1  an  academic  depart* 
ment  or  high  school  the  board  of  education  may  employ,  and  fix 
the  compensation  of,  a person  to  act  as  school  librarian  who  may 


1 So  in  original. 


EDUCATION  LAW 


297 


be  engaged  for  all  or  a part  of  the  time  in  performance  of  the 
duties  of  the  position  as  may  be  directed  by  the  said  hoard.  The 
person  so  employed  may  be  the  librarian  of  the  free  public  library. 
If  possessed  of  the  qualifications  prescribed  by  the  Commissioner 
of  Education  a teacher’s  quota  shall  be  apportioned  to  such  city 
or  union  free  school  district  on  account  of  the  employment  of 
such  librarian.  In  all  other  districts  the  trustees  or  board  of 
education  may  appoint  a competent  person  to  act  as  librarian. 
In  case  of  a failure  of  a city  or  union  free  school  district  main- 
taining an  academic  department  or  high  school  to  employ  a 
librarian  as  above  provided,  the  teacher  of  English  in  such  school 
shall  be  the  librarian.  In  case  of  a failure  to  appoint  a librarian 
in  any  other  district  the  teacher,  or  if  there  be  more  than  one 
teacher,  the  principal  teacher,  shall  act  as  librarian.  The  trus- 
tees or  board  of  education  shall  report  to  the  Commissioner  of 
Education  the  name  and  address  of  the  person  employed  or  ap- 
pointed as  librarian.  [Added  by  L.  191 1+,  ch.  51 .] 

§ 1136  Existing;  rules  continued  in  force.  All  exist- 
ing provisions  of  law  and  rules  established  by  the  Superintendent 
of  Public  Instruction  or  by  the  Commissioner  of  Education  for  the 
management  of  district  libraries  shall  hold  good  as  to  the  man- 
agement of  school  libraries  till  altered  by  or  in  pursuance  of  law. 

§ 1137  Authority  to  raise  and  receive  money  for 
school  library.  Each  city  and  school  district  in  the  State  is 
hereby  authorized  to  raise  moneys  by  tax  in  the  same  manner  as 
other  school  moneys  are  raised,  or  to  receive  moneys  by  gift  or 
devise,  for  starting,  extending  or  caring  for  the  school  library. 

§ 1138  Authority  to  transfer  school  library  prop- 
erty to  free  public  library.  Any  board  of  education  in 
any  city  or  union  free  school  district,  or  any  duly  constituted 
meeting  in  any  other  district,  is  hereby  authorized  to  give  any  or 
all  of  its  books  or  other  library  property  to  any  township  or  other 
free  public  library  under  state  supervision,  or  to  aid  in  establish- 
ing such  free  public  library,  provided  it  is  free  to  the  people  of 
such  city  or  district.  A receipt  from  the  officers  of  the  said  free 
public  library,  and  an  approval  of  the  transfer  under  seal  by  the 
Kegents  of  the  University,  shall  forever  thereafter  relieve  the  said 
school  authorities  of  further  responsibility  for  the  said  library  and 
property  so  transferred. 

§ 1139  Transfer  of  property  not  in  charge  of  li- 
brarian. Any  books  or  other  library  property  belonging  to 
any  district  library,  and  which  have  not  been  in  direct  charge  of 


208 


THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 


a librarian  duly  appointed  within  one  year,  may  be  taken  and 
shall  thereafter  be  owned  by  any  public  library  under  state  super- 
vision, which  has  received  from  the  Regents  of  the  University 
written  permission  to  collect  such  books  or  library  property,  and 
to  administer  the  same  for  the  benefit  of  the  public;  provided, 
that  said  books  or  other  library  property  shall  be  found  in  the 
territory  for  which  such  public  library  is  maintained,  as  defined 
in  its  charter  or  in  the  permission  granted  by  the  Regents;  and 
further  provided,  that,  on  written  request  of  the  school  authorities, 
any  dictionaries,  cyclopedias  and  pedagogic  books  shall  be  placed 
in  the  school  library  of  the  district  to  which  such  books  originally 
belong. 

§ 1140  Provision  for  change  to  free  public  library. 

In  any  district  in  which  the  school  library  is  a circulating  library, 
within  the  provisions  of  section  1135,  the  school  authorities,  in 
their  discretion,  may  appoint  five  trustees  who  shall  apply  to  the 
Regents  for  a library  charter  and  upon  incorporation,  the  school 
authorities  may  transfer  to  the  custody  of  said  trustees  for  the 
purposes  of  a circulating  library  any  of  their  library  property  as 
provided  in  section  1138.  [Amended  by  L.  191J+,  ch.  51.] 

§ 1141  Penalty  for  disobedience  to  library  law, 
rules  or  orders.  The  Commissioner  of  Education  is  hereby 
authorized  to  withhold  its  share  of  public  school  moneys  from  any 
city  or  district  which  uses  school  library  moneys  for  any  other 
purpose  than  that  for  which  they  are  provided,  or  for  any  wilful 
neglect  or  disobedience  of  the  law  or  the  rules  or  orders  of  said 
Commissioner  in  the  premises. 


Section  1160 
1161 
1162 

1163 

1164 

1165 

1166 

1167 

1168 

1169 

1170 

1171 

1172 

1173 

1174 


ARTICLE  45 
Court  Libraries 

Court  of  appeals  libraries 

Court  of  appeals  judges’  law  libraries 

Appellate  division  libraries 

Appellate  division  library,  first  department 

Appellate  division  library,  fourth  department 

Supreme  court  libraries 

Supreme  court  library  at  New  York 

Supreme  court  library  in  borough  of  Brooklyn 

Supreme  court  library  at  Newburgh 

Joseph  F.  Barnard  memorial  library  at  Poughkeepsie 

Supreme  court  library  at  Kingston 

Supreme  court  library  at  Saratoga 

Supreme  court  library  at  Utica 

Supreme  court  library  at  Binghamton 

Supreme  court  library  at  Delhi 


EDUCATION  LAW 


299 


Section  1175  Supreme  court  library  at  Elmira 

1176  David  L.  Follett  memorial  library  at  Norwich 

1177  Supreme  court  library  at  Buffalo 

1178  Supreme  court  library  at  White  Plains 

1179  Supreme  court  library  at  Troy 

*1180  Supreme  court  library  in  Queens  county 
*1180  City  court  of  the  city  of  New  York 
1180-6  Law  library  for  the  county  officials  of  the  county  of  Bronx 
1180-c  Supreme  court  library  in  Richmond  county 

1181  Supreme  court  library  at  Watertown 

1182  Supreme  court  law  library  at  Riverhead 

1183  Hamilton  Odell  library  at  Monticello 

1184  Supreme  court  library  at  Plattsburg 
1184-0  Supreme  court  library  at  Hudson 

[Text  of  article  omitted .] 


ARTICLE  45-A 

[Added  by  L.  1912 , ch.  819,  and  amended  by  L.  1919,  ch.  266] 

State  Institute  of  Applied  Agriculture  on  Long 

Island 

Section  1185  Establishment  and  control 

1186  Immediate  supervision  and  management 

1187  Instruction  and  other  operations 

1188  Establishment  of  an  advisory  board  [Repealed  by  L.  1915 , 

ch.  442] 

1189  Capital  fund  for  operation  of  dormitories  and  refectory  [Added 

by  L.  1918,  ch.  468] 

[Text  of  article  omitted.] 


ARTICLE  46 

[ Article  added  by  L.  1913,  ch.  424  ] 

Divisions  of  History  and  Public  Records 

Section  1190  Divisions  created 

1191  Functions  of  the  Division  of  History 

1192  Powers  of  Regents  in  respect  to  public  records  and  historical 

documents,  et  cetera 

1193  General  duties  of  supervisor  of  public  records 

1194  What  are  public  records 

1195  Functions  of  the  division  of  public  records 

1196  Safeguarding  of  public  records 

1197  Destruction  of  public  records 

1198  Penalty 

1199  Local  historian;  appointment  [ Added  by  L.  1919.  ch.  181] 

[Text  of  article  omitted.] 


* Two  sections  numbered  1180  were  added  to  this  article  by  the  acts 
referred  to. 


300 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


ARTICLE  46* 

[Added  by  L.  1913 , ch.  676] 

The  New  York- American  Veterinary 
College 

Section  1190  The  New  York- American  Veterinary  College;  to  be  a state 
veterinary  college 

1191  Objects 

1192  Extent  to  which  property  may  be  held 

1193  Appropriations;  report;  scholarships;  tuition  fee 

[Text  of  article  omitted.] 

ARTICLE  47 

[Former  article  46  (§§  1190-92 ) renumbered  an'ticle  (§§  1200-2),  by 
L.  1913,  chs.  1,24  and  676] 

Laws  Repealed;  Saving  Clause;  When  to 

Take  Effect 

Section  1200  Laws  repealed 

1201  Saving  clause 

1202  When  to  take  effect 

§ 1200  Laws  repealed.  Of  the  laws  enumerated  in  the 
schedule  hereto  annexed,  that  portion  specified  in  the  last  column 
is  hereby  repealed.  [Section  renumbered  by  L.  1913,  ch . 1+21+, 
also  erroneously  renumbered  by  L.  1913 , ch.  676.] 

§ 1201  Saving  clause.  [Nothing  herein  contained  shall 
be  construed  to  impair  or  in  any  manner  affect  or  change  any 
special  law  touching  the  schools  or  school  system  of  any  city  or  in- 
corporated village  unless  the  same  is  so  stated.  [Section  renum- 
bered by  L.  1913,  ch.  1+21+,  also  erroneously  renumbered  by  L. 
1913,  ch.  676.] 

§ 1202  When  to  take  effect.  This  chapter  shall  take 

effect  immediately.  [Section  renumbered  by  L.  1913,  ch.  1+21+, 
also  erroneously  renumbered  by  L.  1913,  ch.  676.] 

[Schedule  of  laws  repealed  omitted.] 


So  in  original.  Article  and  sections  erroneously  numbered. 


OTHER  LAWS  RELATING  TO  SCHOOLS 


301 


APPENDIX 

PENAL  PROVISIONS  RELATING  TO 
SCHOOLS  AND  SCHOOL  OFFICERS 

Penal  Law  (L.  1909 , ch.  88) 

§ 246  Use  of  force  not  unlawful  in  certain  cases. 

To  use  or  attempt,  or  offer  to  use,  force  or  violence  upon  or 
toward  the  person  of  another  is  not  unlawful  in  the  following 
cases : 

4 When  committed  by  a parent  or  the  authorized  agent  of  any 
parent,  or  by  any  guardian,  master,  or  teacher,  in  the  exercise  of 
a lawful  authority  to  restrain  or  correct  his  child,  ward,  appren- 
tice or  scholar,  and  the  force  or  violence  used  is  reasonable  in 
manner  and  moderate  in  degree. 

§ 405  Unlawfully  entering  building.  A person  who, 
under  circumstances  or  in  a manner  not  amounting  to  a burglary, 
enters  a building,  or  any  part  thereof,  with  intent  to  commit  a 
felony  or  a larceny,  or  any  malicious  mischief,  is  guilty  of  a 
misdemeanor. 

§ 889  Forgery  in  third  degree.  A person  who,  with 
intent  to  defraud  or  to  conceal  any  larceny  or  misappropriation 
by  any  person  of  any  money  or  property: 

1 Alters,  erases,  obliterates,  or  destroys  an  account,  book  of 
accounts,  record,  or  writing,  belonging  to,  or  appertaining  to  the 
business  of,  a corporation,  association,  public  office  or  officer, 
partnership,  or  individual;  or, 

2 Makes  a false  entry  in  any  such  account  or  book  of 
accounts ; or, 

3 Wilfully  omits  to  make  true  entry  of  any  material  particu- 
lar in  any  such  account  or  book  of  accounts,  made,  written,  or 
kept  by  him  or  under  his  direction, 

Is  guilty  of  forgery  in  the  third  degree. 

§ 1470  Disturbing  lawful  meetings.  A person,  who, 
without  authority  of  law,  wilfully  disturbs  any  assembly  or  meet- 
ing, not  unlawful  in  its  character,  is  guilty  of  a misdemeanor. 

§ 1824  Attempting  to  prevent  officers  from  per- 
forming duty.  A person  who  attempts,  by  means  of  any 
threat  or  violence,  to  deter  or  prevent  an  executive  officer  from 
performing  any  duty  imposed  upon  such  officer  by  law,  is  guilty 
of  a misdemeanor. 


302 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 1825  Resisting  officer.  A person  who  knowingly  re- 
sists by  the  use  of  force  or  violence,  any  executive  officer,  in  the 
performance  of  his  duty,  is  guilty  of  a misdemeanor. 

§ 1836  Officer  refusing  to  surrender  to  successor. 
A person  who,  having  been  an  executive  or  administrative  officer, 
wrongfully  refuses  to  surrender  the  official  seal,  or  any  books  or 
papers  appertaining  to  his  office,  upon  the  demand  of  his  lawful 
successor,  is  guilty  of  a misdemeanor. 

§ 1837  Administrative  officers.  The  various  provisions 
of  the  preceding  sections  of  this  article  which  relate  to  executive 
officers  apply  to  administrative  officers,  in  the  same  manner  as  if 
administrative  and  executive  officers  were  both  mentioned. 

§ 1838  Injury  to  records  and  misappropriation  by 
ministerial  officers.  A sheriff,  coroner,  clerk  of  a court,  con- 
stable or  other  ministerial  officer,  and  every  deputy  or  subordinate 
of  any  ministerial  officer,  who : 

1 Mutilates,  destroys,  conceals,  erases,  obliterates  or  falsifies 
any  record  or  paper  appertaining  to  his  office ; or, 

2 Fraudulently  appropriates  to  his  own  use  or  to  the  use  of 
another  person,  or  secretes  with  intent  to  appropriate  to  such  use, 
any  money,  evidence  of  debt  or  other  property  intrusted  to  him  in 
virtue  of  his  office, 

Is  guilty  of  felony. 

§ 1841  Provision  as  to  neglect  of  duty.  A public 

officer,  or  person  holding  a public  trust  or  employment,  upon  whom 
any  duty  is  enjoined  by  law,  who  wilfully  neglects  to  perform  the 
duty,  is  guilty  of  a misdemeanor.  This  and  section  1840  do  not 
apply  to  cases  of  official  acts  or  omissions  the  prevention  or  punish- 
ment of  which  is  otherwise  specially  provided  by  statute. 

§ 1865  Misappropriation  and  falsification  of  ac- 
counts by  public  officers.  A public  officer,  or  deputy,  or 
clerk  of  any  such  officer,  and  any  other  person  receiving  money 
on  behalf  of,  or  for  account  of  the  people  of  this  State,  or  of  any 
department  of  the  government  of  this  State,  or  of  any  bureau  or 
fund  created  by  law,  and  in  which  the  people  of  this  State  are 
directly  or  indirectly  interested,  or  for  or  on  account  of  any  city, 
county,  village  or  town,  who : 

1 Appropriates  to  his  own  use,  or  to  the  use  of  any  person  not 
entitled  thereto,  without  authority  of  law,  any  money  so  received 
by  him  as  such  officer,  clerk  or  deputy,  or  otherwise ; or, 


OTHER  LAWS  RELATING  TO  SCHOOLS 


303 


2 Knowingly  keeps  any  false  account,  or  makes  any  false 
entry  or  erasure  in  any  account  of,  or  relating  to,  any  money  so 
received  by  him,  or, 

3 Fraudulently  alters,  falsifies,  conceals,  destroys  or  obliter- 
ates any  such  account;  or, 

4 Wilfully  omits  or  refuses  to  pay  over  to  the  people  of  this 
State  or  their  officer  or  agent  authorized  by  law  to  receive  the 
same,  or  to  such  city,  village,  county  or  town,  or  the  proper  officer 
or  authority  empowered  to  demand  and  receive  the  same,  any 
money  received  by  him  as  such  officer,  when  it  is  his  duty  im- 
posed by  law  to  pay  over,  or  account  for,  the  same, 

Is  guilty  of  a felony. 

§ 1866  Violations  of  law  by  public  officers.  An 

officer  or  other  person  mentioned  in  the  last  section  who  wilfully 
disobeys  any  provision  of  law  regulating  his  official  conduct,  in 
cases  other  than  those  specified  in  that  section  is  guilty  of  a mis- 
demeanor, punishable  by  a fine  not  exceeding  one  thousand  dol- 
lars, or  imprisonment  not  exceeding  two  years,  or  both. 

§ 1868  Officials  not  to  be  interested  in  sales,  leases 
or  contracts.  A public  officer  or  school  officer  who  is  author- 
ized to  sell  or  lease  any  property,  or  to  make  any  contract  in  his 
official  capacity,  or  to  take  part  in  making  any  such  sale,  lease  or 
contract,  who  voluntarily  becomes  interested  individually  in  such 
sale,  lease  or  contract,  directly  or  indirectly,  except  in  cases  where 
such  sale,  lease  or  contract,  or  payment  under  the  same,  is  subject 
to  audit  or  approval  by  the  Commissioner  of  Education,  is  guilty 
of  a misdemeanor. 

§ 1871  School  district  trustee  not  to  draw  draft 
on  supervisor  in  certain  cases.  A school  district  trustee 
who  issues  an  order  or  draws  a draft  on  a supervisor  or  collector 
for  any  money,  unless  there  is  at  the  time  sufficient  money  in  the 
hands  of  such  supervisor  or  collector  belonging  to  the  district  to 
meet  such  order  or  draft,  is  guilty  of  a misdemeanor. 

§ 2050  Injury  to  public  record.  A person  who,  wil- 
fully and  unlawfully  removes,  mutilates,  destroys,  conceals,  or 
obliterates  a record,  map,  book,  paper,  document,  or  other  thing, 
filed  or  deposited  in  a public  office  or  with  any  public  officer  by 
authority  of  law,  is  punishable  by  imprisonment  for  not  more 
than  five  years,  or  by  a fine  of  not  more  than  five  hundred  dollars, 
or  by  both. 


304 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


§ 2321  Making  false  statement  in  reference  to 
taxes.  A person,  who,  in  making  any  statement,  oral  or  writ- 
ten, which  is  required  or  authorized  by  law  to  be  made  as  the 
basis  of  imposing  any  tax  or  assessment,  or  of  an  application  to 
reduce  any  tax  or  assessment,  wilfully  makes,  as  to  any  material 
matter,  any  statement  which  he  knows  to  be  false,  is  guilty  of  a 
misdemeanor. 


INDEX 


Abolition  of  libraries,  296 
Academic  departments,  4 
academies  changed  to,  103-4 
apportionment,  156 
for  non-resident  pupils,  156 
boards  of  education,  powers,  103 
establishment,  99 
Academic  examinations,  10 
Academic  pupils,  tuition  in  contract- 
ing districts,  175-76 
Academic  quota,  155 
Academies 

apportionment  to,  155 
changed  to  academic  departments, 
103-4 

charters,  12 
defined,  4 
dissolution,  15-17 
retransfer  to  former  trustees,  104 
trustees,  103 
Accountants,  10 
Actions 

against  school  officers,  236 
county  judge  to  compel  district  to 
levy  tax  for  costs,  237-38 
expenses  of  district  officers  in  de- 
fending, tax  for,  67 
for  recovery  of  taxes,  132 
supervisors  sue  for  money  due  from 
school  officers,  41 
teachers’  wages,  unpaid,  67 
trustees,  against  predecessor,  90 
Affidavits,  Commissioner  of  Education 
may  take,  31 

district  superintendents  may  take, 
121 

Age  of  pupils,  167,  191 
Agriculture,  apparatus  for  teaching, 
66,  86,  88,  98 

instruction  in,  in  central  rural 
schools,  50 

Agriculture,  schools  of,  53,  176-85, 
275-76 

authority  of  the  board  of  educa- 
tion over,  182 


Agriculture,  schools  of  ( continued ) 
courses  for  training  of  teachers, 
184 

directors  of,  181 

estimates  and  appropriations,  184 
sites  and  buildings,  66,  86,  98,  144, 
145 

state  aid  for,  182 
supervision  by  Commissioner  of 
Education,  30 

Alcoholic  drinks,  see  Physiology  and 
hygiene 

Alfred  University,  state  school  of 
agriculture,  276 

Americanization,  provision  for  carry- 
ing on  work,  31 

Animals,  humane  treatment,  87,  98, 
217-18 

Annual  meetings,  see  School  meet- 
ings 

Apparatus 

apportionment  for,  155 
boards  of  education  to  purchase, 
98,  99 

district  to  vote  tax  for,  67 
exempt  from  taxation,  46 
expenditures  for,  88 
loans,  11 

purchase  of,  from  proceeds  of  sale 
of  school-house  or  site,  143 
repairs,  87-88 

Appeals 

from  action  of  joint  meeting  alter- 
ing school  districts,  36 
to  Commissioner  of  Education, 
269-70 

from  district  superintendents’  acts 
and  decisions,  122 
district  superintendents  to  report 
testimony  to  Commissioner  of 
Education,  121-22 
expenses  of  district  officers,  tax 
for,  67 

See  also  Decisions 


1305] 


306 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Appointments  of  officers  and  em- 
ployees of  Education  Department,  6 
Apportionment,  see  Public  library 
money;  School  libraries;  School 
moneys 

Arbor  day,  221 
Architects,  supervision  of,  10 
Archives  in  state  library,  288 
Armories,  use  for  physical  training, 
211 

Art,  works  of,  66,  88 
apportionment  for,  156 
Art  associations,  incorporation,  13 
Assessment,  see  Taxes 
Associations,  incorporation,  12 
Athletic  centers,  66,  86,  87,  88,  98, 
144,  145 
Attendance 

certificates  of  principals  or 
teachers  201 
compulsory,  191-92 
record  of,  165,  193,  194-95 
Attendance  officers,  196-97 
interference  with,  197 

Ballot  boxes 

boards  of  education  to  provide,  94 
trustees  shall  provide,  78 
Ballots  in  common  school  districts, 
form  of,  78 

Banking  law,  extract  from,  168 
Banks,  savings,  in  schools,  168 
Beekman,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 
Bequests 

See  Gifts;  Trusts 

Birds,  humane  treatment  and  pro- 
tection, 87,  98,  217 
Blackboards,  district  to  vote  tax  for, 
66 

Blind,  required  attendance,  191 
state  school  for,  273 
Boards  of  education,  91-106 
academy,  may  adopt  as  academic 
department,  103-4 
agricultural  schools,  and  others, 
powers,  181 

appointment  of  officers  in  union 
free  school  district,  83 
bonds,  issue,  145-46 


Boards  of  education  ( continued ) 
bonds,  legalization  by  Commissioner 
of  Education,  146-47 
central  high  school  district,  54,  56, 
57 

central  rural  schools,  duties  relat- 
ing to,  52,  53 

condemnation  of  land  for  school- 
house  site,  143 
of  consolidated  district,  39 
contracts  with  trustees  in  other 
districts,  174-75 
corporate  bodies,  92 
defined,  5 
election,  43-44,  92 
disputes  concerning,  95 
in  new  district,  95 
inspectors,  93-94 
notice  of,  93 
record  of  votes,  94 
special,  94 

expenditures,  limitation  upon,  103 
fire  drills,  duties  relating  to,  220 
fire  escapes,  construction,  138 
industrial  and  trade  schools,  duties 
relating  to,  176-77 
ineligibility,  76 

kindergartens,  to  maintain,  101 
library  property,  transfer  of,  297 
meetings,  102 
annual,  96 

members,  school  officers,  5 
night  schools,  to  maintain,  101 
normal  schools,  contract  for  educa- 
tion of  children  in,  234 
number  of  members  in  certain  dis- 
tricts, 96 

physical  training,  duties  relating 
to,  210 

powers  and  duties,  98-101 
president,  92 
records,  104 

removals  from  office,  30,  98,  100 
reports,  104 

filed  with  Commissioner  of  Edu- 
cation on  request,  33 
report  of  pupils  from  other  dis- 
tricts, 176 

retarded  children,  powers  and  du- 
ties, 174 


INDEX 


307 


Boards  of  education  ( continued ) 
school  libraries,  appointment  of  li- 
brarian, 296-97 

school  meetings,  duties  relating  to, 
44,  45 

special,  may  call,  63 
school  moneys,  custody  and  pay- 
ment of,  102 

estimate  of  expenditures,  105 
school-house  and  grounds,  supervi- 
sion, 139 

school-houses,  outbuildings,  provi- 
sion for,  141 

sites,  designation  without  vote,  142 
superintendent  of  schools,  supervi- 
sion, 101-2 

supervision  by  Commissioner  of 
Education,  32-33 

taxes  for  payment  of  bonded  in- 
debtedness of  school  district, 
to  raise,  40 

certified  to  corporate  authorities, 
106 

may  levy  without  vote,  105 
teachers,  contract  with,  166 
relationship  to,  166-67 
training  schools  or  classes,  may 
establish,  225 

term  of  office,  92,  95,  96,  97 
text-books,  to  designate,  204 
to  furnish,  205 
title  to  lands  vested  in,  144 
trustees,  powers  of,  103 

of  union  school  district,  election, 
44 

vacancies  in  office,  79 
how  filled,  100 
visitation  of  schools,  102 
waterclosets,  to  provide,  100 
See  also  Trustees;  Union  free 
school  districts 

Boards  of  education,  in  cities,  239- 
65 

bonds  of  employees,  252 
census  board,  permanent,  203 
continuation  in  office,  263 
election,  68 
eligibility,  241 
how  chosen,  241 
meetings,  244 


Board  of  education,  in  cities  (cont’d) 
powers  and  duties,  244 
retarded  children,  powers,  174 
retirement  of  employees,  250 
salaries,  powers,  265 
term  of  office,  241 
vacancies,  241 

Board  of  examiners,  cities,  248 
Boards  of  supervisors,  see  Supervi- 
sors 
Bond 

collector’s,  66,  82,  83,  129,  162 
recovery  of  money  on,  84 
employees,  city  boards,  252 
supervisor’s,  for  school  moneys, 

111 

treasurer’s,  66,  82,  83,  162 
treasurer  of  temporary  districts, 
48-49 

Bonded  indebtedness,  charge  upon  en- 
larged district,  40 
of  school  districts,  apportionment 
by  district  superintendent,  34 
Bonds,  144,  145-46 
central  high  school  district,  57-58 
issue  in  cities,  261 
legalizing,  148 
rate  of  interest,  151 
sale,  notice  of,  146 

payment  of  proceeds,  81 
sale  of  site  to  be  taken  as  security 
for,  142-43 
Books 

bought  with  public  money,  ap- 
proval of,  295 
forfeiture  of  grants,  294 

subject  to  return  to  state,  295 
of  delinquent  libraries,  296 
loans,  11 

penalties  for  detention,  294 
Regents  may  buy  for  libraries,  295 
standard  for  local  subsidies,  292 
Books  and  apparatus,  apportionment 
for,  155-57 

Botanist,  state,  member  of  museum 
staff,  11 

Branch  institutions,  establishment  re- 
stricted, 13 
Branch  libraries,  290 
Branch  schools,  establishment,  88 


308 


THE  UNIVERSITY  OF  TIIE  STATE  OF  NEW  YORK 


Building  for  Education  Department,  7 
Buildings,  see  School-houses 
Bulletins,  publication  authorized,  6 
Bureaus,  city,  continuation  in  office, 
263 

Business  schools,  use  of  name  college, 

18 

Camps,  temporary  school  districts  in, 
48 

Census,  school,  201-4 

expenses,  how  paid,  154-55 
Census  board,  permanent,  in  cities, 
203 

Central  high  school  districts,  53-60 
Central  rural  schools,  50-53 
Certificates 

issued  by  institutions  of  other 
states  or  countries,  Regents  may 
fix  value  of,  10 
protection  against  fraud,  18 
See  also  Credentials;  Normal 
schools;  Teachers’  certificates 
Certified  public  accountants,  10 
Certified  shorthand  reporters,  10 
Chancellor  of  University,  8 
duties,  9 

meetings,  to  call,  9 
signature  to  reports,  6 
Charities,  State  Board  of,  transfer 
of  certain  powers  to  Commissioner 
of  Education,  31 

Charters  of  university  institutions, 
12 

alteration  or  repeal,  13 
conditions  of  granting,  13 
library,  293 

property  requirements,  13 
provisional,  13 

restrictions,  degree-conferring  pow- 
er, 18 

surrender,  17 
suspension,  12 

Children,  employment,  193-94 
See  also  Pupils;  School  age 
Chiropody,  practice  of,  10 
Circulation,  subsidies  granted  on,  292 
Cities 

apportionment  to,  152,  154,  155- 
57 


Cities  ( continued ) 
boards  of  education,  239-64 
deposit,  custody  and  payment  of 
moneys  in,  103 
libraries,  291 

property  in  trust  for  common 
schools,  160-61 

salaries  of  supervising  and  teach- 
ing staff,  265 

school  district  for  purposes  of  ap- 
portionment, 160 
school  elections  in,  68-76 
schools  under  supervision  of  Com- 
missioner of  Education,  33 
supervisory  districts  shall  not  form 
part  of,  113 

taxes,  corporate  authorities  to  levy, 
105 

teachers’  training  schools  or 
classes,  225 

treasurer  or  chamberlain,  certifi- 
cate of  apportionment  of  school 
moneys  to,  157-58 

Civic  forums,  use  of  school-houses 
for,  140 

Clerk,  see  District  clerk 

Cobleskill,  state  school  of  agriculture 
at,  270 

Collection  of  taxes,  see  Taxes 

Collector 

bond,  66,  82,  83,  129,  162 
recovery  of  money  on,  84 
county  treasurer,  payment  of  tax 
to  collector,  131 
custody  of  moneys,  84 
disbursement  of  moneys,  108 
district  treasurer,  payment  of 
moneys  to,  81,  84 
election  in  common  school  districts, 
65 

fees,  130 

in  each  school  district,  76 
jurisdiction,  128-29 
liability  of,  for  moneys  lost,  84 
notification  of  election,  81 
payment  of  moneys,  162 
railroad  companies,  assessment  and 
tax,  130 

receipt  for  taxes,  136 
removal  of,  32 


INDEX 


309 


Collector  <( continued ) 

reports  of  receipts  and  disburse- 
ments, 84 
school  officer,  5 

taxes,  notice  of  receiving,  129 
unpaid,  return  of,  132 
warrants  for  collection  of,  128 
teachers’  fund,  to  disburse,  84 
trustee,  may  not  hold  office  of,  76 
not  to  draw  on  for  teachers’ 
wages  unless  record  is  verified, 
165 

in  union  free  school  district,  83 
vacancy  in  office,  79 
how  filled,  80 
Colleges,  4 
defined,  4 

degree-conferring  power,  13 
incorporation,  conditions  of,  13 
name,  use  of,  18 

water-works  and  sewer  systems, 
may  construct,  21-22 
Colonial  history,  extra  copies,  289 
Colored  children,  schools  for,  272 
Commissioner  of  Education,  4,  29-33 
academy,  approval  of  adoption  as 
academic  department,  103 
affidavits,  may  take,  31 
agriculture,  schools  of,  30,  183,  275 
appeals  or  petitions  to,  269-70 
appointment  of  officers  and  em- 
ployees, 6 

Arbor  day,  to  prescribe  exercises 
for,  221 

assistant  commissioners,  appoint- 
ments, 6 

may  take  testimony,  9 
removals  and  suspensions,  6 
boards  of  education,  election  dis- 
putes, to  decide,  95 
may  order  new  election,  95 
removal  from  office,  32,  98 
supervision,  32-33 
bonds,  legalizing,  147 
buildings,  new,  plans  and  specifi- 
cations must  be  approved  by, 
137 

central  high  school  districts,  du- 
ties, 54,  55 

central  rural  schools,  powers  and 
duties,  50 


Commissioner  of  Education  (cont’d) 
chief  executive  officer  of  state  sys- 
tem of  education  and  of  Regents, 
5,  29 

city  schools,  supervision,  32-33 
collector,  removal  of,  32 
compulsory  education  law,  with- 
holding state  moneys  for  failure 
to  comply  with,  200 
contingent  expenses,  decisions  on, 
conclusive,  105 

contracts  between  school  districts 
for  education  of  pupils,  approval 
of,  175 

district  clerk,  removal  of,  32 
district  election  disputes,  deter- 
mination of,  95 

district  superintendents,  appeals 
from  acts  of,  to  be  taken  to, 
122 

election  disputes,  to  decide,  122 
examinations  in  agriculture,  to 
prescribe,  117 

expenses,  may  audit  and  allow, 
118-19 

to  perform  duties  of  another  su- 
perintendent when  requested 
by,  122 

may  remove  from  office,  119 
reports,  123 

to  report  testimony  in  appeal 
cases  to,  123 
salary,  payment  of,  119 
salary,  may  withhold,  120 
subject  to  rules  prescribed  by, 
123 

vacancy  in  office,  duties  relating 
to,  119 

district  treasurer,  removal  of,  32 
Education  Department,  administra- 
tion of,  29 

election  by  Regents,  29 
elected  without  regard  to  place  of 
residence,  29 

extension  of  educational  facilities, 

11 

farm  schools,  powers  relating  to, 
190 

fines,  apportionment  of,  234-35 


310 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Commissioner  of  Education  (cont’d) 
forms,  preparation  of,  30 
homemaking,  schools  of,  super- 
vision, 30 

humane  treatment  of  animals  and 
birds,  powers  and  duties,  217-18 
illiterates,  duties  relating  to  in- 
struction for,  31 

industrial  and  trade  schools,  appor- 
tionment for,  182 
supervision,  30 

inspection,  duties  relating  to,  12, 
29,  32-33 

laws,  enforcement  of,  29 
mechanic  arts,  schools  of,  super- 
/ision,  30 

medical  inspection,  powers  and 
duties,  171 

normal  college,  control  of,  233 
normal  school  diploma,  annulment, 
30 

normal  schools,  powers  and  duties, 
30,  227 

contract  for  education  of  children 
in,  234 

oaths,  power  to  administer,  31 
office  continued,  29 
patriotic  exercises,  provision  for, 
219-20 

patriotism  and  citizenship,  super- 
vision of  courses  in,  219 
penalty  for  falsely  claiming  to  rep- 
resent, 235-36 
petitions  to,  269 

physical  training,  duties  relating 
to,  210 

physiology  law,  duties  relating  to, 
210 

powers  and  duties,  29-31 
property  to  be  held  in  trust  for 
common  schools,  160-61 
registers,  blanks,  forms,  prepara- 
tion of,  30 

removals  and  suspension,  6 
reports,  to  the  legislature,  6 

from  boards  of  education,  to  re- 
quire, 104 

filed  with  county  clerk  and 
county  treasurer,  may  require, 
33 

of  school  officers,  to  require,  33 


Commissioner  of  Education  ( cont’d ) 
of  school  trustees,  to  prescribe 
form  of,  89 

responsible  for  books,  records  and 
other  property,  30 
responsible  for  seal,  30 
rules  of  Regents,  to  enforce,  32 
salary,  29 

scholarships,  duties  relating  to,  23, 
24 

school  commissioner,  removal  of,  32 
school  districts,  appeal  to  from  ac- 
tion of  meeting  altering,  35- 
36 

minutes  of  meeting  to  organize 
union  school  to  be  filed  with, 
44 

proceedings  of  meeting,  to  be 
notified  of,  45 

school  libraries,  powers  and  duties, 
296 

rules  regarding,  296 
school  library  moneys,  may  with- 
hold, 298 

school  meetings,  authorization  of 
notice,  38 

special,  may  call,  63 
of  two  or  more  districts,  may 
order,  42-43 

school  moneys,  apportionment,  152 
certificate  of  apportionment,  158 
apportionment  of  money  for  non- 
resident pupils,  156 
apportionment  withheld  for  fail- 
ure to  comply  with  physiology 
law,  208-9 
withholding  of,  32 
school  neighborhoods,  46-47 
school  officers,  removal  of,  32 
school-houses,  may  grant  use  of  for 
examinations  and  institutes,  138 
school-houses  and  grounds,  duties 
relating  to,  139 
seal,  6 

signature  to  reports,  6 
special  meeting  of  Regents,  may 
call,  9 

suits  or  proceedings  to  enforce  de- 
cisions of,  236,  237 
superintendent  of  schools,  removal 
of,  32 


INDEX 


311 


Commissioner  of  Education  (cont’d) 
supervision  over  schools  and  insti- 
tutions, 29 

supervisory  districts,  disputes  re- 
garding formation  to  be  deter- 
mined by,  122 

tax  list,  approval  of  amendment  of, 
129 

teachers,  dismissal,  168 

regulations  governing  certifica- 
tion, 165 

to  keep  register  of,  30 
salaries,  additional  apportion- 
ment for,  154 

salary,  may  authorize  payment 
in  certain  cases,  153 
teachers’  certificates,  to  issue,  164 
annulment,  30 
endorsement,  164 
may  revoke  for  refusal  to  teach 
physiology  and  hygiene,  208 
teachers  institutes,  duties  relating 
to,  222 

teachers’  retirement  fund,  duties 
relating  to,  278-79,  281,  282, 
283,  285 

teachers’  training  schools  and 
classes,  apportionment  for,  160 
duties  relating  to,  225 
temporary  districts,  powers  and 
duties,  48 
term  of  office,  29 
testimony,  may  take,  9 
text-books,  to  examine,  205 
trade  schools,  supervision,  30 
traveling  and  other  expenses,  al- 
lowance for,  29 

trustee  of  Cornell  University,  30 
trustees,  removal  of,  32 
trusts,  supervision,  161 
report  of  to,  161 

union  school  district,  may  author- 
ize meeting  to  organize,  42 
supervision,  32-33 
vacancy  in  office  of  trustee,  to 
order  election  to  fill,  79 
villages  and  union  free  school  dis- 
tricts, to  determine  population 
of,  101,  154 

visual  instruction,  provision  for,  31 
See  also  Education  Department 


Commissioners,  school,  see  School 
commissioners 

Common  school  districts,  see  Districts 
Common  schools 

constitutional  provisions,  1 
free  to  resident  pupils,  167 
non-resident  pupils,  167 
See  also  Districts;  School  meetings 
Community  centers,  use  of  school- 
houses  for,  140 
Comptroller 

school  moneys,  may  withhold  pay- 
ment of,  160 

warrants  for  payment,  157 
Compulsory  education,  190-201 
Compulsory  school  age,  defined,  5 
Condemnation  of  land  for  school- 
house  sites,  143 

Condemnation  of  school-houses,  121, 
140 

Constitutional  provisions  relating  to 
education,  1 

Contagious  diseases,  153,  171 
Contingent  expenses,  105 
Contingent  fund  established,  152 
Continuation  schools,  177-81,  182,  184 
certificates,  194,  196 
Continuation  in  office  of  boards, 
bureaus,  teachers  etc.,  in  cities, 
263 

Contracts 

between  school  districts  for  educa- 
tion of  pupils,  174 
for  building  school-houses,  141 
district  superintendent  not  to  be 
interested  in,  120 
for  library  privileges,  291 
officials  not  to  be  interested  in,  303 
school  trustees  not  to  be  interested 
in,  91 

teachers,  166 

Conveyance  of  pupils,  67-68 
central  high  school  district,  60 
central  rural  schools,  53 
Cornell  University,  274 
Commissioner  of  Education,  trustee 
of,  30 

Corporal  punishment,  301 
Corporate  authorities  to  levy  taxes, 
106 


312 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Costs  in  actions  by  or  against  school 
officers,  236 

Counterfeiting  credentials,  18 
Counties,  grants  of  property  to,  for 
common  schools,  161 
County  clerk 

district  superintendent,  duties  re- 
lating to  election  of,  115-17 
to  file  trustees’  reports  and  su- 
perintendents’ abstracts  with, 
122 

to  forward  certain  reports  to  com- 
missioner of  Education,  33 
school  moneys,  certificate  of  ap- 
portionment to,  158 
supervisory  districts,  duties  relat- 
ing to,  116 

County  judge,  appeal  to,  237 
hearing  before,  238 
tax  for  costs  in  actions,  to  com- 
pel districts  to  levy,  237,  238 
County  libraries,  291 
County  treasurer 

certificates  relating  to  apportion- 
ment, to  send  to  Commissioner  of 
Education,  33 
fines,  disposition  of,  235 
penalty  for  disobedience  to  sub- 
poena, to  impose,  121-22 
railroad  and  other  companies,  notice 
to,  of  assessment  and  tax,  131 
payment  of  tax  to,  131 
school  moneys,  annual  report  of, 
158 

apportionment  to  be  certified  to, 

158 

list  for  district  superintendent, 

159 

payments  of,  157,  158 
payments  to,  statements  of,  159 
supervisor’s  bond,  duties  relating 
to,  111 

tax  list,  transmission  to,  132 
taxes,  payment  to  collector,  131 
unpaid,  collection  of,  133 
trustee  of  unclaimed  academy 
stock,  16-17 
Course  of  study 

boards  of  education  to  prescribe, 
98 


Course  of  study  ( continued ) 

district  superintendents,  duties 
concerning,  120 

trustees  to  prescribe  in  common 
schools,  87 

Court  libraries,  298-99 

Court  of  appeals  libraries,  298 

Credentials 

conferment  by  Regents,  10 
for  extension  work,  11 
fraudulent,  18 

Dannemora,  assessment  for  school 
purposes  of  certain  state  lands  in, 
134 

Deaf  mutes,  instruction  of,  272 
Decisions,  appeals  from,  269-71 
Defective  children,  273-74 
Definitions,  4-5 

Degree-conferring  institutions,  re- 
striction of  number,  18 
Degree-conferring  power,  restrictions, 
13,  18 
Degrees 

charter  restriction,  13 
conferment  by  Regents,  10 
issued  by  institutions  of  other 
states  or  countries,  Regents  may 
fix  value,  10 

protection  against  fraud,  18 
provisional  charter  gives  no  power 
to  confer,  13 

Degrees,  honorary,  conferment  by  Re- 
gents, 10 

Delhi,  state  school  of  agriculture  and 
domestic  science,  276 
Delinquent  and  dormant  institutions, 
exclusion  from  university  mem- 
bership, 12 

suspension  of  charter,  12 
Delinquent  libraries,  294,  296 
books,  296 

Dentistry,  practice  of,  10 
Departments  of  University,  11 
Detention  of  library  or  museum  prop- 
erty, 294 

Devises,  see  Bequests 
Diplomas 

conferment  by  Regents,  10 
conferment  restricted,  18 
endorsement,  164 


INDEX 


313 


Diplomas  ( continued) 

issued  by  institutions  of  other 
states  or  countries,  Regents  may 
fix  value,  10 

protection  against  fraud,  18 
Directors,  see  School  directors 
Discipline  and  physical  training, 
209-11 

Disciplinary  and  military  training, 
212-17 
Dissolution 

of  academies,  15-17 
of  educational  corporations,  14 
school  districts,  36-37 
union  free  school  district,  re- 
stricted, 45 

District  attorney,  fines,  report  and 
payment,  235 
District  clerk 

central  high  school  district  funds, 
powers,  59-60 
duties,  80-81 

election  in  common  school  districts, 
65 

forfeiture  of  amount  of  moneys  lost 
by  neglect,  236 

notice  to  persons  elected,  78 
oath,  teachers,  taken  by,  166 
records  of  dissolved  district,  deposit 
of,  40-41 
removal  of,  32 
in  each  school  district,  76 
school  district  bonds,  duties  relat- 
ing to,  146 

school  meetings,  annual,  may  desig- 
nate place  of,  62 
notice  of,  61-62 

school  meeting,  special,  may  call, 
62-63 

school  officer,  5 
temporary  districts,  48 
treasurer’s  bond  filed  with,  82 
trustee,  may  not  hold  office,  76 
in  union  free  school  district,  83 
vacancies  in  office,  how  filled,  80 
District  collector,  see  Collector 
District  libraries,  see  School  libraries 
District  meetings,  see  School  meetings 
District  officers,  see  School  officers 


District  quota,  153,  159 
consolidated  districts,  40 
district  entitled  to,  155,  175 
temporary  districts,  48 
District  superintendent  of  schools, 
113-23 

affidavits,  may  take,  121 
appeal  cases,  to  report  testimony 
in,  to  Commissioner  of  Educa- 
tion, 121 

appeals  from  acts  of,  122 
city,  248-50 

Commissioner  of  Education,  subject 
to  rules  prescribed  by,  122 
consolidated  district,  order  creat- 
ing, 39 
deputy,  117 
election,  115-16 
expenses,  allowance  for,  118-19 
payment,  123 

may  act  for  another  district  super- 
intendent, 122 

military  or  naval  service,  116-17 
not  to  be  engaged  in  other  busi- 
ness, 120 

not  to  be  interested  in  certain  busi- 
ness or  to  accept  rewards,  119 
oath  of  office,  117 
oaths,  may  administer,  121 
office  created,  113 
physical  training,  expenses,  duties 
relating  to,  210 
powers  and  duties,  120-22 
powers  of  school  commissioners,  to 
hold,  122 

qualifications,  117 
removal  from  office,  119 
disqualifies  for  reelection  for  five 
years,  117 
reports,  122 
salary,  118 
forfeiture  of,  119 

school  districts,  formation  and 
alteration,  34 

school  meetings,  to  give  notice  of. 
61 

school  moneys,  apportionment,  159 
reports  by  supervisors  of  school 
moneys  to,  112 


314 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


District  superintendent  ( continued ) 
sites  of  school-houses,  designation, 
66 

subpoenas,  power  to  issue,  121 
supervisory  districts,  113-15 
teachers,  examination  and  licensing 
of,  121 

included  under  term,  277 
teachers  conferences,  to  call,  222 
teachers  retirement  fund,  contribu- 
tions to,  281 

deduction  from  salary  for,  282 
duties  relating  to  method  of  pay- 
ment, 282 

temporary  districts,  powers  and 
duties,  48 
term  of  office,  117 
training  classes,  inspection  of,  120 
vacancy  in  office,  118 
how  filled,  118 

See  also  School  commissioners 
District  treasurer 

bond,  66,  82,  83,  162 
central  high  school  district  funds, 
powers,  59-60 
compensation,  83 
duties,  81-82 

election  in  common  school  districts, 
65 

notification  of  election,  81 
payment  of  money  from  gospel 
funds,  162 

removal  from  office,  32 
in  each  school  district,  76 
school  moneys,  disbursements,  10S 
payment  to,  157 
school  officer,  5 
temporary,  48 
term  of  office,  66 
trustee,  may  not  hold  office  of,  76 
not  to  draw  on  for  teachers’ 
wages  unless  record  is  verified, 
165 

union  free  school  district,  83 
vacancy  in  office,  79 
how  filled,  80 
Districts,  33-46 
alteration,  3>5 
apportionment,  152-54 


Districts  (continued) 

boundaries,  correcting  records  of,  a 
district  charge,  120 
consolidated,  district  quotas,  40 
order  creating,  39 
property,  41 
consolidation,  37 

by  vote  of  qualified  electors,  37 
contracts  with  boards  of  education, 
in  other  districts,  174 
dissolution,  36-37 
dissolved  district,  deposit  of  rec- 
ords, 40-41 
sale  of  property,  41 
to  exist  for  finishing  business, 
40 

existing  districts  continued,  34 
formation  of  new  districts,  34 
formation,  re-formation,  37 
joint  district,  dissolution  or  altera- 
tion, 36 
formation,  35 
number,  35 
meetings,  61-68 

number  and  description  of  dis- 
tricts, 35 

records,  books,  district  property,  80 
supervision  by  Commissioner  of 
Education,  32 
temporary  districts,  48 
trust  funds,  160-62 
union  school  district,  reorganiza- 
tion as  common  school  district, 
44 

See  also  District  clerk ; District 
quota ; District  treasurer ; School 
meetings;  School  officers;  Super- 
visory districts;  Trustees;  Union 
free  school  districts 
Domestic  science  school  at  Delhi, 
276 

See  also  Homemaking,  schools  of 
Dover,  assessment  for  school  purposes 
of  certain  state  lands  in,  134 
Druggists,  see  Pharmacy 
Duplicate  department  of  state  li- 
brary, 289-90 
exchanges,  290 
loans  of  books  from,  294 


INDEX 


315 


Education,  boards  of,  see  Boards  of 
education 

Education  Department,  5-7 
building,  7 

under  direction  of  Regents  and 
Commissioner  of  Education,  5 
divisions  of  department,  5-6 
public  records  and  history,  299 
farm  schools,  powers  relating  to, 
190 

management  and  supervision  of 
public  schools  and  educational 
work  of  state,  5 
reports  to  the  legislature,  6 
seal,  6 

Education  fund,  1 
Educational  institutions 
incorporations,  12-13 
liquidation,  14 

penalties  for  detention  of  property, 
294 

penalties  for  injuries  to  property, 
293 

See  also  Gifts 
Election  day,  155 
Elections,  see  School  elections 
Electric  light  companies,  131 
Employees  of  Education  Department 
appointment,  6 
removals  and  suspension,  6 
Employees  in  public  schools  remov- 
able for  treasonable  acts  or  utter- 
ances, 167 

Employment  of  children,  unlawful, 
193-94 

Employment  of  teachers,  see  Teachers 
Endorsement  of  teachers’  certificates 
and  diplomas,  164 

Entomologist,  state,  member  of  mu- 
seum staff,  11 
Enumeration,  see  Census 
Evening  schools,  101 
certificate,  196 
required  attendance,  192 
vocational  schools,  177,  182,  184 
Examinations 
academic,  10 
for  extension  work,  11 
fraud  in,  18-19 
physiology  and  hygiene,  207 
Regents,  law  authorizing,  10 


Examin  ati  on  s ( con  tinned ) 
state  certificate,  164 
teachers,  regulations  governing,  164 
unlawful  acts  in  respect  to,  18-19 
use  of  school  buildings  for,  138 
See  also  Teachers’  certificates 
Exemptions  from  taxation 
for  building  school-house,  128 
Expenditures  of  school  moneys 
estimates  of,  105 
in  cities,  254-60 
limitation  upon,  102 
vote  on,  to  be  by  ballot,  68,  144 
Extension  of  business  by  institutions, 
restrictions,  13 

Extension  of  educational  facilities, 

4,  11 

Factories,  employment  in,  194 
False  personation  in  examination,  18 
Farm  schools  in  counties,  186-190 
Fees 

for  admission  to  examinations,  10 
collector’s,  130 
libraries,  assistance  to,  295 
supervisor  and  town  clerk  in  cases 
of  district  alteration,  41 
supervisors,  41,  112 
town  clerk,  82 
Fines,  234-38 
apportionment,  234-35 
compulsory  education  law,  viola- 
tion of,  193,  194 
for  detention  of  property,  294 
disposition  of,  234,  235 

in  case  of  joint  district,  235 
examinations,  violation  of  law  re- 
lating to,  19 

fire  drills,  neglect  of,  220 
for  injuries  to  library  or  museum 
property,  293 

notice  of  district  meetings,  failure 
to  serve,  64 
payments  on,  159 
report  and  payment,  235 
teachers,  unqualified,  payment  of, 
165 

voters,  for  false  declaration  or  un- 
authorized vote,  65 
votes,  failure  to  record,  94 
See  also  Penalties 


316 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Fire  drills,  220 
Fire  escapes,  138 

Flag,  display  on  school  grounds,  219 
Foreigners,  supervision  of  instruction 
for,  31 

Forms,  preparation  of,  30 
Fraud  in  obtaining  credentials,  18 
Fredonia  normal  school,  practice  de- 
partments in,  231 

Free  public  libraries,  see  Public  li- 
braries 

Free  tuition,  see  Tuition 
Fuel,  district  to  furnish,  66,  99 
Funds,  educational,  1 

See  also  Public  library  money ; 
School  libraries;  School  moneys 
Furniture,  school-houses,  66,  98,  99, 
121 

Gas  companies,  130-31,  135 
Geologist,  state,  member  of  museum 
staff,  11 
Gifts 

boards  of  education,  powers,  99 
libraries,  291 

conditional  acceptance  of,  291 
See  also  Bequests;  Trusts 
Globes 

district  to  vote  tax  for,  66 
loans,  11 

Gospel  and  school  lots,  160-62 
payment  of  proceeds  of  sale,  111 
report  of  supervisor  regarding,  161 
supervisors’  duties,  109-11 
Gospel  funds,  apportionment,  162 
Grants,  see  Bequests;  School  moneys 
Health  certificates,  170 
High  school  districts,  see  Central 
high  school  districts 
High  schools,  4 
Higher  education  defined,  4 
Highlands,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 
Historical  associations,  incorporation, 
12 

History,  division  of,  299 
Holidays,  schools  not  to  be  in  session 
on,  155 

Homemaking,  schools  of,  53,  176-85 
authority  of  board  of  education 
over,  182 
directors,  181 


Homemaking,  schools  of  {.continued) 
estimates  and  appropriations,  184 
state  aid  for,  182-84 
supervision  by  Commissioner  of 
Education,  30 
training  of  teachers,  184 
Humane  treatment  of  animals  and 
birds,  87,  98,  217 

Illiterate  minors,  school  attendance, 
200-1 

Illiterates,  supervision  of  instruction 
for,  31 

Incorporation,  see  Charters 
Indebtedness,  see  Bonded  indebted- 
ness 

Indian  collection,  12 
Indian  reservation,  apportionment 
for  teachers,  153 

Indians,  education  in  normal  schools, 
232 

Indorsement  of  teachers’  certificates 
and  diplomas,  164 

Industrial  and  trade  schools,  176-85 
application  of  moneys,  184 
estimates  and  appropriations  for, 
184 

state  aid  for,  182-84 
supervision  by  Commissioner  of 
Education,  30 

Industrial  training  in  truant  schools, 
199 

Injuries  to  property,  penalties,  293 
Inspection 

of  common  school,  by  boards  of 
education,  102 

by  Commissioner  of  Education, 
32 

by  district  superintendent,  120 
industrial  and  trade  schools,  30 
of  institutions,  authority  for,  29 
libraries,  292 

training  classes,  by  district  super- 
intendent, 120 
University  institutions,  12 
Inspectors  of  election,  93-94 
common  school  districts,  78 
Institutions  in  University,  12 
Insurance 

normal  schools,  231 
school  library,  86,  99 


IXDEX 


317 


Insurance  ( continued ) 
school-houses,  67,  86,  99 
Joint  districts,  see  Districts 
Judge,  see  County  judge 
Judgments 

taxes  for  payments  of,  87 
for  teachers’  wages,  how  satisfied, 
67 

Kindergartens,  101 

Lantern  slides,  loans,  11 
Laws  repealed,  300 
Lecturers,  extension,  Regents  may 
designate,  11 

Legislature,  members  may  borrow 
from  state  library,  289 
Librarians  of  school  libraries,  99, 
296-97 

Libraries,  288-98 
abolition,  296 
branch,  290 
charters,  12-13,  293 
county,  291 
establishment,  290 
gifts  to,  conditional  acceptance  of, 
291 

inspection,  292 
museum  collections,  292 
neglect,  294,  295 

penalties,  for  detention  of  books, 
294 

for  injuries  to  property,  284 
property,  291 

subject  to  return  to  state,  296 
reports,  283,  290,  293 
subsidies,  292 
taxes,  282,  291,  292 
transfer,  294 

transfers  of  books  to  state  library, 
290 

traveling,  294 
trustees,  292-93 
Regents  may  remove,  294 
See  also  Public  libraries;  School 
libraries ; State  library 
Library  commission,  295 
Library  fund,  292 
Library  school,  authority  for,  295 


Licenses,  protection  against  fraud, 
19 

See  also  Teachers’  certificates 
Licensing,  supervision  of,  10 
Lincoln’s  birthday,  155 

observance  in  public  schools,  220 
Liquidation  of  educational  institu- 
tions, 14 
Loans 

for  extension  work,  11 
from  state  library,  289,  290,  294 
Local  school  board  districts  in  cities, 
251 

Long  Island,  State  School  of  Agri- 
culture, 299 

Manual  training  schools  not  entitled 
to  share  in  grants  for  industrial 
schools,  184 
Manuscripts 

on  file,  part  of  state  library,  289 
removal  from  state  library,  289 
transfer  to  state  library,  290 
Maps 

apportionment  for,  156 
district  to  vote  tax  for,  66 
loans,  11 

transfer  to  state  library,  290 
Marcy,  assessment  of  lands  in,  134 
Marines,  state  scholarships  for,  27 
Mechanic  arts,  schools  of,  176-85 
authority  of  board  of  education 
over,  182 
directors,  179 

estimates  and  appropriations,  182 
state  aid  for,  181 

supervision  by  Commissioner  of 
Education,  30 
training  of  teachers,  184 
Medical  inspection  of  school  children, 
100-1,  169-74 
Medical  library,  288 
Medicine,  practice  of,  10 
Meetings,  see  School  meetings 
Memorial  day,  220 
Military  and  disciplinary  training, 
209-11 

Military  drill  excluded  from  public 
schools,  220 


318 


TIIE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Military  training  commission,  210, 
212,  213,  214,  216 

Moneys,  see  Library  fund;  Public  li- 
brary money;  School  moneys 
Morrisville,  state  school  of  agri- 
culture at,  276 

Mortgage,  sale  of  site  to  be  taken  as 
security  for,  142 

Municipal  corporations  may  establish 
libraries,  291 
See  also  Cities 
Museums,  290 
collections,  292 
incorporation,  12-13 
penalties,  for  detention  of  property, 
294 

for  injuries  to  property,  293 
reports,  293 
See  also  State  museum 

Names,  use  of  name  college  or  uni- 
versity, 18 

Names  of  institutions,  change  of,  13 
Natural  gas  companies,  130-31 
Natural  history,  extra  copies,  289 
Negroes,  schools  for,  272 
Neighborhoods,  school,  see  School 
neighborhoods 

New  York-American  Veterinary  Col- 
lege, 3T)0 

New  York  city,  payment  of  school 
moneys  to,  158 
school  census,  201-2 
New  York  State  College  for  Teachers 
control  of,  233 
faculty,  number,  230 
teachers,  salaries  etc.,  228-30 
New  York  State  School  for  the  Blind, 
31,  273 

Newspapers,  publication  of  notices 
in,  54,  70 

Night  schools,  101 

required  attendance,  192 
Non-resident  pupils,  apportionment 
for  tuition,  156 
tuition,  99,  156,  167 
Normal  College,  see  New  York  State 
College  for  Teachers 
Normal  schools,  226-34 


Normal  schools  {continued) 
admission  requirements,  '230-31 
courses  of  study,  228 
diploma,  230 

Commissioner  of  Education  may 
annul,  30 
endorsement,  164 
qualifies  for  teaching,  163 
faculty,  230 

grants  and  bequests,  232 
Indian  youth  in,  232 
insurance,  231-32 
local  boards,  226,  227 
defaulting,  230 

physiology  and  hygiene,  instruction 
in,  208 

policemen,  special,  231 
principal,  duties  relating  to  physi- 
ology law,  209 
secretary,  salary,  227 
supervision  by  Commissioner  of 
Education,  30 
teachers,  228 
treasurer’s  bond,  227 
salary,  227 

Nurses  registration,  10 

Oaths 

Commissioner  of  Education  may 
administer,  31 

district  superintendents  may  ad- 
minister, 121 

Officer  of  institutions,  ineligible  as 
Kegent,  8 

Officers  of  Education  Department 
appointment,  6 
removals  and  suspensions,  6 
Officers  of  University,  8-9 
Officers,  see  also  School  officers 
Optometry,  practice  of,  10 
Orphan  schools,  271 
apportionment  to,  153 
Ossining,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 
Oswego,  tax  election,  261 

Paid  help  from  state  library,  295 
Paleontologist,  state,  member  of  mu- 
seum staff,  11 


INDEX 


319 


Papers,  see  Manuscripts 
Parental  relation,  defined,  4 
duties  of  persons,  192-93 
Part-time  schools,  177-81,  184 
certificates,  194,  196 
Patriotic  exercises,  220 
Patriotism  and  citizenship,  courses 
in,  218 

Penal  provisions  relating  to  schools 
and  school  officers,  301-4 
Penalties,  234-38 

children,  unlawful  employment, 
193-94 

Commissioner  of  Education,  Re- 
gents or  other  school  officer, 
falsely  claiming  to  represent, 
235-36 

compulsory  education  law,  viola- 
tion of,  193,  194 
fire  drills,  neglect  of,  220 
forfeiture  of,  for  neglect  to  sue  for, 
236 

fraudulent  credentials,  18 
for  injuries  to  property,  293 
notice  of  school  meetings,  failure 
to  serve,  64 

school  officers,  refusal  to  make  re- 
port, 63 

refusal  to  serve  or  perform  dutv, 

78-79 

statement  of  moneys  received  from, 
159 

subpoena,  disobedience  of,  122 
suits  for,  236 

supervisors’  refusal  to  give  bond, 
111-112 

teachers,  failure  to  complete  con- 
tract, 166 

unqualified,  payment  of,  165 
text-books,  law  concerning,  204, 
205-6 

trustee,  failure  to  account,  90 
voters,  false  declaration  or  unau- 
thorized vote,  65 
See  also  Fines 
tensions,  teachers,  277-87 
’etitions  to  Commissioner  of  Educa- 
tion, 269 

}harmacy,  practice  of,  10 


Photographs,  see  Pictures 
Physical  training,  instructions  in, 
209-11 

Physically  defective  children,  273 
Physiology  and  hygiene,  206-9 
examinations  in,  207 
provision  for  instruction  of  pupils, 
87,  98 

Pictorial  or  graphic  representations, 
31 

Pictures 

apportionment  for,  155-56 
loans,  11 

Pipe  line  companies,  apportioning 
valuation,  135 

Playgrounds,  66,  86,  87,  88,  98,  144, 
145 

Political  meetings,  use  of  school- 
houses  for,  140 

Poll-list  in  common  school  districts, 
78 

in  cities,  70 

Polling  places,  use  of  school-houses 
for,  140 

Practical  arts,  schools  of,  176 
President  of  college,  ineligible  as  Re- 
gent, 8 

Principals  of  schools 

fire  drills,  to  maintain,  220 
ineligible  as  Regent,  8 
Professional  schools,  4 
Professions,  supervision  of,  10-11 
Property 

of  abandoned  district  library,  298 
corporations,  extinct,  14 
library,  control  by  regents,  294 
of  transferred  library,  294,  297- 
98 

subject  to  return  to  state,  295, 
296 

penalties  for  injuries  to,  293 
school  district,  consolidated,  41 
to  be  held  in  trust  for  common 
schools,  160-61 

See  also  Gifts;  Real  property; 
School  property;  Taxes;  Trus 
tees;  Trusts 
Provisional  charters,  13 
Public  accountants,  10 


820 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Public  documents  part  of  state  li 
brary,  288 

Public  health  law,  extracts  from. 
172-73 

Public  holidays,  155 
Public  libraries,  290 
abolition,  296 

advice  and  instruction  from  state 
library,  295 

delinquent  libraries,  294,  296 
forfeiture  of  state  grants,  294 
formed  from  school  libraries,  294, 
298 

free  to  residents,  293 
gifts  to,  conditional  acceptance  of, 
291 

incorporation,  293 
penalties  for  detention  of  books, 
294 

for  injury  to  property,  293 
reports,  290,  293 

school  library  property,  transfer 
to,  297-98 

school-houses  as  stations,  139 
taxation,  291,  292 
transfers  of  books  to  state  library, 
290 

trustees,  292-93 

Public  library  money,  apportionment, 
295 

forfeiture  of  grants,  294 
return  to  state,  296 
Public  money,  see  School  moneys 
Public  school  teachers’  retirement 
fund,  277-87 
Pupils,  163-68 

See  also  Children;  Non-resident 
pupils 

Railroad  and  other  companies 
taxation,  131 

apportioning  valuation,  135-36 
Reading-rooms,  290 

penalties  for  detention  of  books, 
294 

for  injuries  to  property,  293 
Real  property,  acquisition  for  school 
purposes,  143 

purchase  and  sale,  in  cities,  254 


Record  books,  teachers  responsible 
for,  165 
Records 

boards  of  education,  104 
copies  of,  authenticated  by  seal, 
6 

on  file,  part  of  state  library,  28S 
removal  from  state  library,  289 
school  officers,  district  property,  80 
Recreation  grounds,  87,  98 
Reference  books  of  abandoned  district 
libraries,  298 
Regents 
absences,  9 

charters,  may  grant,  12 
may  alter  or  repeal,  13 
may  suspend,  12 

colleges  or  universities,  power  to 
regulate  name  of,  18 
commissioner  of  education,  chief 
executive  officer,  29 
election  of,  29 
constitutional  provisions,  1 
defined,  4 

departments,  may  establish,  11 
dissolution  of  institutions,  powers, 
14 

duplicate  department,  charge  of, 
289 

election,  8 

examinations,  may  establish,  10 
extension  of  educational  facilities, 
11 

ineligibility,  8 

inspection  of  institutions,  12 
institutions  in  university,  powers, 
12 

legislative  power,  8 
libraries,  abolition  of,  duties  re- 
garding, 296 

approval  of  transfer,  294 
books  for,  may  buy,  294 
charters,  may  grant,  293 
gifts,  approval  of  acceptance,  291 
property,  control  of,  294 
reports,  to  submit,  293 
trustees,  may  remove,  294 
manuscripts  and  records,  to  make 
available,  289 


INDEX 


321 


Regents  ( continued ) 
meetings,  9 
quorum,  9 

no  “ ex-officio  ” members,  8 
normal  schools,  approval  of  con- 
tract for  education  of  children 
in,  234 
number,  1,  8 
oath  of  office,  9 
officers,  8-9 

penalty  for  falsely  claiming  to  rep- 
resent, 235-36 

physical  training,  rules  relating  to, 
210 

powers,  1,  5,  8,  9,  10,  11 
professions,  supervision  of,  10-11 
property  to  be  held  in  trust  for 
common  schools,  160-61 
rules,  commissioner  of  education  to 
enforce,  32 
may  make,  9 

scholarships,  rules  governing,  24 
seal,  6 

senior  Regent,  powers  in  vice-chan- 
cellor’s absence,  9 
state  library,  control  of,  288 
state  normal  college,  control  of, 
233 

term  of  office,  8 

testimony,  authority  to  take,  9 
vacancies  in  office,  8 

to  be  reported  to  legislature,  9 
Registered  architects,  10 
Registered  nurses,  10 
Registers,  see  School  register 
Registration  of  institutions,  10 
Religious  instruction  in  theological 
seminaries,  exempt  from  state 
control,  9 

See  also  Sectarian  schools 
Reports 

board  of  education  to  make,  104-5 
county  clerk  and  county  treasurer 
to  forward  to  Commissioner  of 
Education,  33 

county  treasurer  to  render,  158 
district  superintendents,  122 

11 


Reports  ( continued ) 
from  University  institutions,  12 
failure  ,to  report  causes  suspen- 
sion, 12 

required  before  sharing  in  appor- 
tionment, 157 
public  libraries,  290,  293 
of  pupils  from  other  districts,  176 
regulations  for  making,  30 
school  library,  296 
school  officers,  Commissioner  of  Ed- 
ucation to  require,  33 
state  library,  290 
state  museum,  11 
trustees,  89,  122 
Retarded  children,  174 
Retirement  fund  for  public  school 
teachers,  277-87 

Rockland  county,  assessment  for 
school  purposes  of  state  lands  in, 
134 

Rules  of  Regents 

amended,  suspended  or  repealed,  9 
Commissioner  of  Education  to  en- 
force, 32 
enactment,  9 

violation  by  institutions,  causes 
suspension,  12 

Rural  schools,  central,  50-53 
Russia,  assessment  of  lands  in,  134 

Sailors,  state  scholarships  for,  27 
St  Lawrence  University,  state  school 
of  agriculture,  275 
Sale  of  school-houses,  99,  142 

school  property,  application  of 
funds,  46 

Savings  banks  in  schools,  168 
Schoharie  State  School  of  Agricul- 
ture, 276 

Scholarships,  state,  23-28 

for  soldiers,  sailors  and  marines,  27 
School  age,  167,  191 
School  authorities  defined,  5 
School  Commissioners 

acts  may  be  appealed  from,  269 
Arbor  day,  duties  relating  to,  221 


322 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


School  Commissioners  ( continued ) 
boards  of  education,  may  call  spe- 
cial election,  94 
certification  of  teachers  by,  164 
defined,  5 

forfeiture  of  amount  of  moneys  lost 
by  neglect,  236 

physiology  law,  duties  relating  to, 
208-9 

property  held  in  trust  for  common 
schools,  160-61 
removal  of,  32 
reports,  abstracts  of,  33 
school  districts,  apportionment  of 
moneys  collected  by  supervis- 
ors, 41 

approval  of  proceedings  of  meet- 
ing to  dissolve  union  school 
district,  45 

designation  of  union  free  school 
districts,  43-44 
dissolution  and  alteration,  35 
dissolution  or  alteration  of  joint 
district,  36 

division  of  union  free  school  dis- 
tricts, 45 

meetings,  conditional  approval  of 
proceedings,  45 

effect  of  veto  of  proceedings, 
45 

minutes  of  meeting  to  organize 
union  school  to  be  filed  with, 
44 

special,  may  call,  63,  64 
number  and  description,  35 
school  neighborhoods,  46 
school  officers,  5 

may  accept  resignation  of,  79 
resignation  filed  with,  79 
school-houses,  condemnation  of,  140 
estimates  of  erection,  141 
may  request  use  of  for  examina- 
tions and  institutes,  138-39 
service  to  be  included  for  purpose 
of  granting  annuity,  287 
supervisory  districts,  duties  relat- 
ing to,  113-14 


School  Commissioners  (continued) 
teachers’  certificates,  may  grant 
and  revoke,  164-65 
teachers  institutes,  duties  relating 
to,  222 

term  to  mean  district  superintend- 
ent, 277 

training  classes,  supervision,  225 
trustee,  may  fill  vacancies  in  office 
of,  79 

not  eligible  as,  76 
See  also  District  superintendent  of 
schools 

School  directors 
compensation,  115 
district  superintendents,  election 
of,  115-16 

filling  vacancy  in  office,  118 
election,  115 
oath,  115 
term  of  office,  115 
vacancies  in  office,  115 
how  filled,  115 

School  districts,  see  Districts 
School  elections,  district  meetings, 
64-68 

in  cities,  68-76 

School  grounds,  use  out  of  school 
hours,  139 
School  libraries 
abandoned,  297 

apportionment  of  moneys  to,  155- 
56 

may  be  withheld,  298 
authority  to  raise  and  receive 
money  for,  297 

circulating  libraries  for  residents 
of  district,  296 

district  superintendent  to  advise 
trustees  regarding  purchase  of 
books,  121 
establishment,  290 
existing  law  and  rules  continued 
in  force,  297 
insurance,  86,  99 
librarian,  99,  296-97 
property,  transfer  to  free  public 
library,  297-98 


INDEX 


323 


School  libaries  i [continued) 

public  libraries  formed  from,  294, 
298 

reports,  296 

tax  for  establishment  of,  67,  297 
trustee  may  not  be  librarian,  76 
use  and  care,  296 
School  meetings,  60-68 

acts  may  be  appealed  from,  270 
annual,  of  boards  of  education,  96 
of  districts  re-formed  after  dis- 
solution, 62 
notice  of,  61 
time  and  place  of,  61 
central  high  school  district,  58 
central  rural  schools,  to  establish, 
51 

consolidated  district,  37,  38,  39 
in  dissolved  district,  40 
duty  to  attend,  64 
first,  notice  of,  61 
joint  district,  special  meeting  to 
act  regarding  dissolution,  36 
neighborhood  meetings,  47 
notice,  effect  on  proceedings  if  due 
notice  not  given,  64 
penalty  for  failure  to  serve,  64 
school-houses,  designation  of  site, 
142 

to  consider  erection  of,  141 
sale  of,  142 

use  for  political  purposes,  140 
special  meeting,  call  by  school  com- 
missioner, 64 

in  common  school  districts,  63 
in  union  free  school  districts,  63 
to  transact  business  of  annual 
meeting,  62 

taxes,  power  to  vote,  144 
text -books,  to  designate,  205 
union  school  districts,  establish- 
ment, 42 

dissolution  and  reorganization, 
44 

establishment,  proceedings  of, 
43-44 

voters,  qualifications,  64 
See  also  Boards  of  education 
School  moneys,  152-60 

apportionment,  certificate  of,  158 


School  moneys  ( continued ) 
apportionment  ( continued ) 
certifying  and  paying,  manner 
of,  157 

to  cities,  academies,  academic  de- 
partments and  libraries,  155- 
57 

by  Commissioner  of  Education, 
152 

conditions  for  cities  and  dis- 
tricts, 154-55 

county  treasurer  to  forward  cer- 
tificates relating  to,  to  Educa- 
tion Department,  33 
by  district  superintendent,  41, 
159 

errors  corrected  by  Commissioner 
of  Education,  153-54 
for  industrial  and  trade  schools, 
182-84 

for  physical  training,  211 
to  union  school  districts  and 
cities,  160 
when  payable,  158 
withheld  for  failure  to  comply 
with  physiology  law,  208 
boards  of  education  may  borrow, 
100 

reports  on,  104-5 
city  schools,  262 

comptroller  may  withhold  payment 
of,  160 

custody  of,  81,  84 
deposit,  custody  and  payment  in 
cities  and  villages,  102 
disbursement  by  supervisors,  108 
how  made,  82 
of  dissolved  district,  45-46 
expenditures,  estimate  of,  105 
limitation  upon,  102 
vote  on,  to  be  by  ballot,  68,  144 
forfeiture  of  amount  lost  by  neg- 
lect, 236 

issuing  order  in  excess  of  available 
funds,  a misdemeanor,  91 
liability  of  collector  for  moneys 
lost,  84 

lost  or  embezzled,  tax  for,  67 
notice  of  non-payment,  90 


324 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


School  moneys  ( continued ) 
payment  by  trustee  to  successor,  90 
to  unqualified  teachers  pro- 
hibited, 165 

proceeds  from  sale  of  property  of 
dissolved  district,  disposition,  41 
supervisor’s  bond  for,  111 

report  to  district  superintendent, 
112 

teachers’  fund,  collector  to  dis- 
burse, 83 

treasurer  custodian  of,  81 
trustees,  report  on,  90 

right  of  action  against  predeces- 
sor, 90 

withheld  by  Commissioner  of  Edu- 
cation, 32 

for  failure  to  comply  with  com- 
pulsory education  law,  200 
See  also  Bonds;  Taxes 
School  neighborhoods,  46-47 
apportionment  to,  153 
clerk  and  trustee,  duties,  47 
meetings,  47 
setting  off,  46 
School  nurse,  169 
School  officers,  76-80 
actions  against,  236 
costs  in,  236 

expenses  in  defending  suits,  tax 
for,  67 

acts  may  be  appealed  from,  269-70 
contracts,  not  to  be  interested  in, 
303 

defined,  5 
election,  65,  78 

oath  of  office,  not  required  to  take, 
77 

penal  provisions  relating  to,  301-4 
penalties,  neglect  to  sue  for,  236 
for  falsely  claiming  to  represent, 
235-36 

for  refusal  to  serve  or  perform 
duty,  78 

qualifications,  76 

records,  books,  district  property,  80 
removal  by  Commissioner  of  Edu- 
cation, 32 


School  officers  ( continued ) 

removed  from  office,  ineligible  for 
one  year,  76 

reports  required  of,  33,  63 
resignation,  79 

district  clerk  to  notify  trustees 
of,  81 

term  of  office,  77 

length  of,  when  elected  at  special 
meeting,  63 

terms  of,  in  newly  created  districts, 
77 

trustees  may  not  hold  office  of,  76 
vacancies  in  office,  79 
how  filled,  79-80 

See  also  Collector;  District  clerk; 
District  treasurer;  Trustees 
School  property 

application  of  funds  obtained  from 
sale  of,  46 

exempt  from  taxation,  46 
School  record  certificate,  195 
School  register,  verification  of,  165 
School  savings,  168 
School  trustees,  see  Trustees 
School-houses,  137-45 

boards  of  education,  powers,  98 
bonds,  144,  145,  147 
city,  252-54 

city  elections  held  in,  69,  70 
condemnation,  121,  140 
custody  by  trustees,  86 
erection,  137,  141 
exempt  from  taxation,  46 
exemptions  from  tax  for  building, 
128 

fire  escapes,  138 
fuel,  66,  99 

furniture,  66,  98,  99,  121 
hire,  purchase  etc.,  66,  86,  99 
insurance,  67,  86,  99 
location,  137 

outbuildings,  100,  141-42 
plans  and  specifications  of  new 
buildings  must  be  approved  by 
Commissioner,  137 
property  not  subject  to  taxation,  46 
title  vested  in  board  of  educa- 
tion, 99 

repairs,  66,  88,  98,  120 


INDEX 


325 


School-houses  {continued) 
sale  of,  99,  142 

school  district  meetings  held  in,  62 
site,  bonds  for  purchase  of,  145-46 
change  of,  142 

condemnation  of  land  for,  143 
designation,  66,  142 
designation  without  vote,  142 
purchase,  86,  98 
sale  of,  99,  142 
taxes  and  bonds,  144-45 
title  to  lands,  vesting  in  boards 
of  education,  144 
when  owner’s  consent  necessary, 
143 

taxes,  66,  138,  141,  144 
temporary  or  branch,  establish- 
ment, 88 

use,  for  examinations  and  insti- 
tutes, 138-39 
out  of  school  hours,  139 
ventilation,  138 
water  closets,  100,  141-42 
See  also  Taxes 

Scientific  associations,  incorporation, 

12 

Scientific  collections  made  by  museum 
staff,  12 

Seal  of  Regents  and  Commissioner,  6 
care  of,  30 

Secondary  education,  defined,  4 

Sectarian  schools,  no  state  aid  to,  1 

Seditious  or  disloyal  matter  in  text- 
books, 205-6 

Seditious  or  treasonable  acts,  teach- 
ers, superintendents  and  employees 
removed  for,  167 

Sewer  systems,  colleges  may  con- 
struct, 21-22 

Shorthand  reporters,  certified,  10 

Sites,  city  schools,  252-54 

Social  centers,  66,  86,  87,  88,  98,  140, 
145 

Soldiers,  state  scholarships  for,  27 

Specimens,  transfer  to  state  library 
or  museum,  290 

State  certificates 

examinations  for,  164 

of  other  states,  endorsement,  164 


State  College  for  Teachers,  see  New 
York  State  Normal  College 
State  historian,  299 
State  library 

advice  and  instruction  from  officers, 
295 

borrowers,  289 
building,  7 
how  constituted,  288 
department  of  university,  11 
duplicate  department,  289 
hours  of  opening,  289 
loans,  289,  290,  294 
manuscripts  and  records  on  file,  to 
receive,  289 

receipts  from  sales  used  for,  290 
reports,  290 
subject  to  Regents,  289 
transfers  from  state  officers,  290 
State  medical  library,  288-89 
State  museum 
building,  7 

collections  made  by  staff,  12 
how  constituted,  11 
department  of  university,  11 
Indian  section,  12 
report,  11 
transfers  to,  290 
State  officers 

may  borrow  from  state  library,  289 
transfers  of  books  etc.,  to  state 
library,  290 
State  publications 
certain,  in  Regents  charge,  289-90 
extra  copies,  290 
on  file,  part  of  state  library,  288 
proceeds  of  sales,  290 
State  scholarships,  23-28 
State  schools  of  agriculture,  53,  176- 
85,  275 

State  treasurer 

payments  of  school  moneys  by,  157 
scholarships  fund,  duties,  26 
Statuary,  loans,  11 
Subpoenas,  district  superintendent  to 
issue,  121 
Subsidies 
library,  292 
restrictions  of,  1 


326 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Suffolk  county,  taxes,  124 
Suits,  see  Actions 
Superintendents  of  schools 

certification  of  teachers  hy,  164 
city  schools,  242,  246,  247,  248 
physiology  law,  duties  relating  to, 
208 

removal  of,  32 

for  treasonable  acts  or  utter- 
ances, 167 
school  officer,  5 

school  record  certificates,  issue  of, 
195 

school-houses,  may  request  use  of 
for  examinations  and  institutes, 
138-39 

teachers  training  schools  or  classes, 
supervision,  225 

in  union  free  school  districts,  101 
Supervision  quota,  152,  154,  159 
Supervisors,  108-12 

bond,  for  school  moneys,  111 

refusal  to  give,  consequences  of, 
111 

cost  in  actions  against,  236 
decisions  may  be  appealed  from, 
270 

district  superintendents,  may  in- 
crease salary,  118 
duties,  108-10 

farm  schools,  duties  relating  to, 
189-90 
fees,  41,  112 

gospel  fund,  apportionment,  162 
gospel  or  school  lots,  report  re- 
garding, 161 

libraries,  contract  with,  291 
property  in  trust  for  common 
schools,  160-61 

school  districts,  alteration  proceed- 
ings, to  sit  with  school  com- 
missioner and  town  clerk,  36 
application  of  proceeds  of  sale  of 
property,  41 

sale  of  property  of  dissolved  dis- 
trict, 41 

school  moneys,  apportionment, 
duties  relating  to,  159 
reports  to  district  superintend- 
ent, 112 


Supervisors  ( continued ) 
school  moneys  ( continued ) 

to  sue  for  money  due  from  school 
officers,  41 

transcript  showing  unexpended 
moneys  for  teachers’  salaries, 
159 

supervisory  districts,  duties  relat- 
ing to,  113-14 

taxes,  unpaid,  collection  of,  133 
levy  of,  133 

treasurer  to  demand  money  of,  81 
trustee,  not  eligible  as,  76 
trustees  not  to  draw  on  for 
teacher’s  wages  unless  record  is 
verified,  165-66 

valuation  of  taxable  property,  126 
Supervisory  districts,  113-15 

disputes  regarding  formation  to  be 
determined  by  commissioner  of 
education,  122 

Tax  election,  cities,  260 
Tax  law,  extracts  from,  135-36 
Tax  list,  124 

amendments,  129 
filing  with  town  clerk,  133 
transmission  to  county  treasurer, 
132 

trustee  to  make  out,  86 
Taxes,  123-36 

for  apparatus  and  text-books,  66 
appeals  on  refusal  to  levy  for  costs 
in  action,  237 
assessment,  124 

of  state  lands  in  Dannemora  and 
Wawarsing,  134 
of  vacant  land,  127 
boards  of  education  may  levy  with- 
out vote,  105 

central  high  school  district,  57,  58 
certification  by  trustees  of  col- 
lector’s return,  132 
collector,  fees,  130 
jurisdiction,  128-29 
notice,  129-30 

corporate  authorities  to  levy,  106 
costs  in  actions  by  or  against 
school  officers,  236-37 


IXDEX 


327 


Taxes  ( continued ) 

equalization  within  joint  districts, 
126-27 

exemptions  from  tax  for  building 
school-house,  128 
libraries,  291,  292 
non-resident  pupils,  deducted  from 
charges  for  tuition,  167 
outbuildings,  provision  for,  141-42 
persons  working  land  on  shares  and 
vendees  in  possession  liable  to 
taxation,  127 

powers  of  annual  and  special  meet- 
ings to  vote,  144-45 
property  of  certain  absentee  own- 
ers, liability  of,  127 
to  be  assessed,  127 
railroad  and  other  companies, 
notice  to,  130 
payment  by,  131 
receipt  for,  136 
for  record  book,  67 
to  replace  moneys  lost  or  embez- 
zled, 67 

school  library,  67,  297 
school  property  exempt  from,  46 
school-houses,  66,  138,  141,  144-45 
sites,  66 

suits  for  recovery  of,  132 
to  supply  deficiencies,  67 
Suffolk  county,  124 
for  teacher’s  salary,  87,  100,  105 
payment  of  deficiency  in,  67 
to  pay  judgments  on,  67 
tenant’s  right  to  charge  tax  to 
landlord,  128 

text-books,  for  purchase  of,  205 
trustees,  expenses  of,  90 
unpaid,  collection  of,  133 
levy  by  supervisors,  133 
return  by  collector,  132,  133 
valuation,  ascertainment  of,  125-26 
power  of  trustees  to  determine, 
126 

vote  on,  68,  105,  144-45 
warrant,  for  collection  of,  128 
filing  with  town  clerk,  133 
renewals  of,  129 


Teachers,  162-67 

agencies,  district  superintendent 
not  to  be  interested  in,  119 
of  agriculture,  mechanic  arts  and 
homemaking,  182,  183 
athletic,  playground  and  social 
center  activities,  supervision, 
87,  100 

attendance  at  institutes  or  confer- 
ences, 120,  155 
citizenship,  163 
city  schools,  248-50,  263 
contract  with,  166 
penalty  for  failure  to  complete, 
166 

dismissal,  167 

employment,  87,  100,  120-21 
examination  and  licensing  of,  121 
fire  drill,  to  maintain,  220 
fund,  collector  to  disburse,  83 
Indian  schools,  153,  277,  282 
for  industrial  and  trade  schools, 
30,  182,  183 

meetings,  called  by  district  super- 
intendent, 120 
physical  training,  210,  211 
physiology  and  hygiene,  examina- 
tions in,  208 

primary  and  grammar  schools, 
163-64 

qualifications,  163 
quota,  153,  159 

district  entitled  to,  154-55,  175 
for  school  librarian,  296-99 
record  of  attendance,  to  keep,  194- 
95 

books,  165 
verification  of,  165 
registers  of,  30 
removal,  167 

for  treasonable  acts  or  utter- 
ances, 167 

retirement  fund,  277-87 
salaries 

apportionment  of  moneys  for, 
153,  154,  159 
city  schools,  265 


328 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Teachers  ( continued ) 
salaries  ( continued ) 

Commissioner  of  Education  may 
authorize  payment  in  certain 
cases,  154 

expenditures  for,  105,  108 

issuing  order  for  in  excess  of 
available  funds,  a misde- 
meanor, 91 
payments  of,  159 

authorization  by  commissioner 
of  education,  154 
by  trustees,  87 

not  to  be  paid  until  record  is 
verified,  165 

payable  as  often  as  monthly, 
167 

time  of  payment  in  contract, 
166 

to  unqualified  teachers  pro- 
hibited, 165 

tax  for,  67,  87,  100,  105 
school  record  certificates,  issue  of, 
195 

temporary  districts,  48 
trustees,  relationship  to,  166 
See  also  Training  classes 
Teachers’  certificates 

Commissioner  of  Education  to  issue, 
164 

may  annul,  30 

district  superintendent  may  grant, 
121 

endorsement,  164 

examination  for,  121,  164 

local  authorities  may  issue,  164-65 

prerequisite  to  employment,  163 

registers  of,  30 

regulations  governing,  164 

revocation,  30,  121,  165 

for  failure  to  complete  contract, 
166 

for  refusal  to  teach  physiology 
and  hygiene,  208 
temporary,  164 
Teachers’  institute,  221-24 
Teachers’  licenses,  see  Teachers’  cer- 
tificates 

Technical  schools,  4,  176 
Telegraph  companies,  131 

apportioning  valuation,  135-36 


Telephone  companies,  131 

apportioning  valuation,  135-36 
Temporary  school  districts,  camps,  48 
Term  of  schools,  when  to  begin,  155 
Testimony,  authority  of  Regents  to 
take,  9 

Text-books,  204-6 
adoption,  121 

boards  of  education  or  other  school 
authorities  to  designate,  98,  204 
changes  in,  204-5 
containing  seditious  or  disloyal 
matter,  205-6 

district  to  vote  tax  for,  66 
free,  in  union  school  districts,  205 
may  be  rented  or  sold  to  pupils,  204 
on  physiology,  207 

Theological  seminaries,  religious  in- 
struction in,  exempt  from  state 
control,  9 
Town  clerk,  107-8 

collector’s  bond,  to  file,  82 
duties,  107-8 
expenses,  108 
fees,  41,  83 

forfeiture  of  moneys  lost  by  neg- 
lect, 236 

notice  of  meeting  to  establish  cen- 
tral rural  school,  51 
school  districts,  alteration  proceed- 
ings, to  sit  with  school  com- 
missioner and  supervisor,  36 
decision  regarding  alteration  to 
be  filed  with,  35 
description  and  number  filed 
with,  35 

minutes  of  meeting  to  organize 
union  school  to  be  filed  with, 
44 

records  of  dissolved  district  to 
be  deposited  with,  40-41 
tax  list  and  warrant  filed  with, 
133-4 

Town  law,  extract  from,  112 
Towns 

libraries,  290 

property  in  trust  for  common 
schools,  162 
Trade  schools,  176-83 

application  of  moneys,  182 
estimates  and  appropriations,  182 

' t 


INDEX 


329 


Trade  schools  ( continued ) 
state  aid  for,  180-82 
supervision  by  Commissioner  of 
Education,  30 
Training  classes,  224-26 
apportionment  for,  161 
inspection  by  district  superintend- 
ent, 120 

physiology  and  hygiene,  instruction 
in,  208 

Transfer  of  libraries,  294 
Transportation  of  pupils,  see  Convey- 
ance 

Traveling  libraries,  294 
Treasonable  acts  or  utterances,  re- 
moval of  superintendents,  teachers 
and  employees  for,  167 
Treasurer,  see  County  treasurer;  Dis- 
trict treasurer;  State  treasurer 
Truant  officer,  school  officer,  5 
Truant  schools,  196 
Truants,  arrest  of,  19’5 
Trustee,  defined,  4 
Trustees,  84-91 

of  academy,  may  dissolve  academy, 

15 

account  books,  to  provide,  88 
actions  by,  against  predecessor,  90 
costs  in,  236-37,  238 
may  be  appealed  from,  270 
agriculture,  mechanic  arts  and 
homemaking,  schools  of,  duties 
relating  to,  181 

apparatus,  expenditures  for,  87-88 
application  of  moneys  from  gospel 
funds,  162 

ballot  boxes,  to  provide,  78 
boards  of  education  have  powers  of, 
103 

body  corporate,  85 
bonds,  issue  of,  145 
legalizing,  146 

central  high  school  districts,  54 
central  rural  schools,  51 
collector,  to  deliver  bond  to,  82 
in  default,  remedy  against,  84 
conclusions  of  two  valid,  85-86 
condemnation  of  land,  143 


Trustees  ( continued ) 
conferences  with  district  superin- 
tendent, 121 

contracts,  not  to  be  interested  in, 
91 

with  trustees  in  other  districts, 
175 

conveyance  of  pupils,  may  contract 
for,  67-68 

disbursements,  may  order,  82 
of  teachers’  fund,  83 
election,  76-78,  92 
in  common  school  districts,  65 
fire  drill,  duties  relating  to,  220 
fire  escapes,  construction,  138 
forfeiture  of  amount  of  moneys 
lost  by  neglect,  236 
ineligibility,  76-77 
to  insure  school  property,  67 
issuing  order  in  excess  of  available 
funds  a misdemeanor,  91 
meetings,  85 
See  also  School  meetings 
neglect  of  duty,  78-79 
neighborhood  trustee,  report,  47 
nuisances,  abatement,  88,  121 
number,  76,  77 
payment  to  successor,  90 
penalty,  for  failure  to  account,  90 
for  payment  of  unqualified 
teacher,  165 

physical  training,  duties  relating 
to,  210 

physiology  law,  duties  relating  to, 
208 

powers  and  duties,  85-88 
mode  of  exercise  of,  85 
property  held  by,  85 

in  trust  for  common  schools, 
160-61 

refusal  to  serve,  78-79 
removal  of,  32 

report  of  pupils  from  other  dis- 
tricts, 176 
reports,  89,  123 

filed  with  Commissioner  of  Edu- 
cation, 33 

school  districts,  alteration  without 
consent  of,  35 


330 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Trustees  ( continued ) 

school  districts  ( continued ) 
consent  to  dissolution,  36 
dissolved,  to  continue  in  office  to 
settle  unfinished  business,  40 
notice  of  meetings  in  other  than 
village  districts,  to  give,  42 
to  give  notice  of  meetings  to  or- 
ganize union  schools  in  two  or 
more  districts,  42-43 
union  school  district,  to  call 
special  meeting  for  organiz- 
ing, 42 

school  libraries,  appointment  of  li- 
brarian, 296-97 

school  meetings,  annual,  may  desig- 
nate place  of,  62 
special,  may  call,  62-63 

to  consider  question  of  build- 
ing school-houses,  141 
school  moneys,  duties  relating  to, 
81,  90,  91 
school  officer,  5 

school  officers,  may  fill  vacancies  in 
office  of,  80 

school-houses,  abatement  of  nui- 
sances, 88,  121 
care  of,  87-88 
contract  for  building,  141 
furniture,  87,  121 
may  grant  use  of  for  certain  pur- 
poses, 139-40 

not  to  levy  tax  for  unless  plans 
approved  by  Commissioner,  137 
outbuildings,  provision  for,  141- 
42 

repairs  and  appliances,  duties 
concerning,  87-88,  121 
school-houses  and  grounds,  super- 
vision, 139 

school-houses  or  site,  execution  of 
deed  for  sale  of,  142 
to  sue  for  money  unpaid  upon 
security,  143 

to  take  security  for  sale,  142 
sole  trustee,  powers  and  duties,  85 
tax  list,  transmission  to  county 
treasurer,  132 

tax  list  and  warrant,  delivery  to 
town  clerk,  133-34 


Trustees  ( continued ) 
taxation  for  expenses  incurred  by, 
90 

taxes,  for  certain  expenses,  to  levy, 
238 

suits  for  recovery  of,  132 
teachers,  contract  with,  166 
relationship  to,  166 
temporary  districts,  48 
temporary  or  branch  schools,  to 
provide,  88 

terms  of  office,  77-78,  92 
treasurer  to  deliver  bond  to,  82 
vacancies  in  office,  79,  85-86 
action  in  case  of,  85-86 
how  filled,  79 

See  also  Boards  of  education; 
School  meetings;  Taxes 
Trustees  of  corporations 

application  for  dissolution  of  edu- 
cational corporations,  14 
Trustees  of  public  libraries,  292-93 
regents  may  remove,  294 
Trustees  of  university  institutions 
absences  from  meetings,  20 
degrees  and  credentials,  may  grant, 
21 

election,  20 

executive  committee,  19 
ineligible  as  regent,  8 
meetings,  19-20 
no  compensation,  21 
number  and  quorum,  19 
officers  and  employees,  21 
powers,  19-21 
property,  control  of,  20 
property-holding,  20 
removals  and  suspensions,  21 
rules,  may  make,  21 
seniority,  19-20 
term  of  office,  19 
vacancies,  20 
women  eligible,  20 
Trusts  for  schools,  160-62 
control  and  supervision,  161 
report  of,  to  Commissioner  of  Edu- 
cation, 161 

See  also  Bequests;  Gifts 
Tuition  in  contracting  districts,  175 


INDEX 


331 


Tuition  of  non-resident  pupils,  99, 
156,  167 

Tuxedo,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 

Union  free  school  districts 
alteration,  35 
apportionment  to,  152 
board  of  education  to  control,  99 
clerk,  83 
collector,  83 

consolidation  of  other  districts 
with,  39 
restriction,  37 

deposit,  custody  and  payment  of 
moneys,  102 
dissolution,  37 
restricted,  44 

division,  of  dissolved  district,  45 
establishment,  42 
industrial  and  trade  schools,  182 
laws  applying  to,  106 
meeting,  annual,  61-62 

regarding  reorganization  as  com- 
mon school  district,  44 
of  two  or  more  districts,  42-43 
number  of  members  of  board  of 
education  in,  96-97 
proceedings  of  meetings  to  form, 
43 

school  district,  for  purposes  of  ap- 
portionment, 160 
special  meetings,  63 
supervision  by  Commissioner  of 
Education,  33 
treasurer,  83 
trustees,  76 

vacancy  in  office,  how  filled,  79 
See  also  Boards  of  education; 
Districts ; School  meetings ; 
Trustees 

Union  schools,  academic  departments, 
see  Academic  departments 
Unit  trade  schools,  176 
United  States  deposit  fund,  1,  295 
Universities,  4 
incorporation,  12 
use  of  name,  18 


University  of  the  State  of  New  York, 
4,  7-28 

in  constitution,  1 
corporate  name  and  objects,  8 
departments,  11 
government,  1,  8 
institutions  in,  12 
management  and  supervision  by 
Education  Department,  5 
objects,  8 
powers,  1,  8 

reports  to  the  legislature,  6 
seal,  6 

use  of  term,  4 

See  also  Education  Department; 
Regents 

University  scholarships,  23-28 

Vacancies  in  office 
boards  of  education,  100 
district  superintendent,  118 
Regents,  8 
school  director,  115 
school  officers,  79 
school  trustee,  79,  85-86 
trustee  of  university  institutions, 
20 

Vaccination  of  school  children,  172- 
73 

report  on,  89 

Ventilation  of  school-houses,  137-38 
Veterinary  medicine  and  surgery,  10 
Vice-chancellor  of  university,  8 
powers,  9 
Villages 

deposit,  custody  and  payment  of 
moneys  in,  102 
libraries,  290 

taxes,  corporate  authorities  to  levy, 
106 

union  school  districts  in,  notice  of 
organization,  42 

Visitation  of  schools,  see  Inspection 
Visual  instruction,  provision  for,  31 
Vocational  education,  federal  aid,  185 
Vocational  schools,  176-85 
Voters 

challenges,  65 

city  school  elections,  69 


332 


THE  UNIVERSITY  OF  THE  STATE  OF  NEW  YORK 


Voters  ( continued ) 

penalty  for  false  declaration  or 
unauthorized  vote,  65 
powers,  65-68 

qualifications  at  district  meetings, 
64-65 

Voting  machines,  use  of  in  city  school 
elections,  76 

Warrants 

for  collection  of  taxes,  128 
comptroller’s,  for  payment  of 
school  moneys,  157 
filing  with  town  clerk,  133-34 


Washington’s  birthday,  155 

observance  in  public  schools,  220 
Waterclosets,  100,  141-42 
Water-works,  colleges  may  construct, 
21-23 

Wawarsing,  assessment  for  school 
purposes  of  certain  state  lands  in, 
134 

Witnesses,  subpoenas  to  compel  at- 
tendance of,  121-22 
Women,  district  superintendents,  117 
may  vote  at  school  meetings,  65 
Woodbury,  assessment  for  school  pur- 
poses of  certain  state  lands  in,  134 


